2005-09-14
Special September Term
Held September 14, 2005
e
THE STATE OF TEXAS
COUNTY OF CALHOUN
!i
!i
!i
BE IT REMEMBERED, that on this 14th day of September, A.D" 2005 there was begun and
holden in the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca,
said County and State, at 10:00 A.M., a Special Tenn of the Commissioners' Court within said
County and State, and there were present on this date the following members of the Court, to-
wit:
Michael J. Pfeifer
Roger C. Galvan
Michael J, Balajka
Neil E. Fritsch
Kenneth W.Finster
Wendy Marvin
County Judge
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance,
e
AWARD COURTHOUSE RENOVATION CONTRACT TO DON KRUEGER CONSTRUcnON
COMPANY CONTINGENT ON SUCCESSFUL NEGOTIATIONS:
A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to award Don
Krueger Construction Company as low bidder with the Courthouse Renovation Contract
contingent on successful negotiations, Commissioners Galvan, Balajka, Fritsch, Finster and Judge
Pfeifer all voted in favor, Commissioner Fritsch for record wanted to state he was concerned
with the fact that Krueger Construction was behind with the Jail Construction had didn't want to
see this happen with the Courthouse Renovation Project,
RESOLUTION TO DISTRICT COURT IN SUPPORT OF THE APP~IN~~NT O~~YNTHIA
MUELLER AS CALHOUN COUNTY AUDITOR UPON THE RETIR ME F BE AMIN
COMISKEY:
Judge Pfeifer read a Resolution to District Court in support of appointing Cynthia Mueller as
Calhoun County Auditor upon the Retirement of Benjamin Comiskey. A Motion was made by
Judge Pfeifer and seconded by Commissioner Balajka to sign the Resolution, Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor,
e
211
RESOLUTION TO DISTRICT COURT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Benjamin Comiskey was appointed Calhoun County
Auditor on November 1,1981; and
He has honorably served this Court and the citizens of
Calhoun County for 24 years; and
e
Benjamin Comiskey has announced his intention to retire
from this position on October 31, 2005; and
Cynthia Mueller began working for the Calhoun County
Auditor's Office on June 4, 1981; and
Cynthia Mueller has worked diligently, professionally
and efficiently for 24 years, as First Assistant Auditor
and as Chief Auditor; and
Commissioners' Court believes that Cynthia Mueller
would make an excellent choice to serve Calhoun County
as County Auditor upon the retirement of Benjamin
Comiskey.
NOW THEREFORE, LET IT BE RESOLVED, that the a
Commissioners' Court of Calhoun County does hereby unanimously voice .,
their support of Cynthia Mueller, and respectfully asks that the District
Judges consider appointing her Calhoun County Auditor upon the retirement
of Benjamin Comiskey.
Signed this the 14th day of September, 2005.
'futJJ ; ~
Michael J. Pfeifer, 0 ty Judge
oun County, Texas
\./o{'.{\,~"... .Ct~~
Michael Balajka, Commissione
Precinct No.2
~~,~
tenneth W. Finster, Commissioner
Precinct No.4
N I . ritsch, Commissioner
Precinct No.3
e
212
e
e
e
APPROVE THE FOLLOWING CONTRACTS WITH THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES AND AUTHORIZE THE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve
the following contracts with the Texas Department of State Health Services and authorize Judge
Pfeifer to sign the contracts. Commissioners Galvan, Balajka, Fritsch, Finster, and Judge Pfeifer
all voted in favor,
.
Document No. 7460019239A2006 (Att, No.1) (SDI) for 9,391) for Family Planning
Activities.
Document No, 7460019239A2006 SDI grant (Att, No.2) for Prenatal Care activities for
$5,098.
Document No, 7460019239_2006 RLSS/lPHS grant partially supporting the salaries of
two lVN's for $20,318,
.
.
e
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No. 7460019239A2006
Contract Change Notice No, 01
The Department of State Health Services, hereinafter referred to as RECENTNG AGENCY, did heretofore enter into a contract in
writing with CALHOUN COUNTY HEALTH DEPARTMENT hereinafter referred to as PERFORMING AGENCY. The parties
thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
AIT NO. 02 : SDI - FEE FOR SERVICE
I
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN,
CALHOUN COUNTY
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY: RECEIVING AGENCY:
CALHOUN COUNTY HEALTH DEPARTMENT DEPARTMENT OF STATE HEALTH SERVICES
By: (Signa?!::r~~l&!if By:
(Signature of person authorized to sign)
Bob Burnette, Director
Michael J. Pfeifer. CalhOllTI County .Tudge Client Services ContractiDl! Unit
(Name and Title) (Name and Title)
Date: Spptemher 14. 2005 Date:
RECO~
By: ~
(pERFORMING AGENCY Director, if different
from person authorized to sign contract
Cover Page 1
sc CSCU - Rev, 6/05
213
f
DETAILS OF ATTACHMENTS
Att/ DSHS Program IDI Tenn Financial Assistance Direct Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No, Order Number Begin End Source of I Amount
Funds *
01 SDIIFFS 09101/05 12131/05 State 9,391.00 0,00 9,391.00
0000309737
02 SDIIFFS 09101/05 08/31/06 State 93,994 5,098.00 0,00 5,098.00
0000309762
DSHS Document No,7460019239A2006 Totals $ 14,489.00 $ 0,00 $ 14.489,00
Change No, 01
e
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS,
e
Cover Page 2
e
214
DOCUMENT NO. 7460019239A-2006
ATTACHMENT NO. 02
PURCHASE ORDER NO. 0000309762
PERFORMING AGENCY: CAlliOUN COUNTY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: COMMUNITY HEALTH SERVICES SECTION
e
TERM: September 01,2005 THRU: August 31,2006
SECTION 1. SCOPE OF WORK:
PERFORMING AGENCY shall work collaboratively with RECEIVING AGENCY to pilot
tools, processes and activities which are designed to integrate delivery of identified services and
to streamline and simplify contract administration. .
PERFORMING AGENCY shaH use funds provided by this Attachment to provide and assure
integration of one or more of the following services:
. Primary Health Care;
. Title V Maternal and Child Health Services (Fee-for-Service); and
. Tuberculosis Elimination.
These services and standards are further described in the "Service Delivery Integration (SDI)
Policies and User Manual" Fiscal Year 05-1, or latest revision.
Where applicable, PERFORMING AGENCY shall provide integration with the following
services:
e
. Title V Maternal and Child Health Services (Family Planning, Part BlPopulation-Based,
and Children with Special Health Care Needs);
. Title X Family Planning;
. Title XX Family Planning;
. Special Supplemental Nutrition Program for Women. Infants and Children (WTC); .
. Title XIX Family Planning;
. Title XIX Texas Health Steps;
. Medical Transportation;
. Medically Dependent Children's Program; and
. Children's Health Insurance Program (CHIP).
In-scope programs include:
· Title V Maternal and Child Health, Prenatal, Dental, and Dysplasia;
. Primary Health Care; and
ATTACHMENT - Page I
e
215
'.'
. Tuberculosis Elimination. .
PERFORMING AGENCY shall utilize fee"for-service rates for all contractor payments except
TitleX.
PERFORMING AGENCY shall participate collaboratively with RECEIVING AGENCY in the
development. modification and evaluation of activities, tools, and processes, which facilitate
integration of:
. Intake and eligibility determination;
. Billing and client fees;
. Uniform contract requirements;
. Reporting;
. Clinical standards;
. Contract monitoring;
. Policy development; and
. Automated information systems,
e
PERFORMING AGENCY shall enter client data and billing information into RECEIVING
AGENCY'S sm Integrated Eligibility, Billing and Reporting System (SIEBRS) as described in
the "SDI Policies and Users Manual" Fiscal Year 05-1, or latest revision, for the activities
funded by this Attachment.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards, and guidelines in effect on the beginning date of this contract Attachment
unless amended, including, but not limited to:
. Sterilizations, 42 CFR Part 50, Subpart B; and
. Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B.
The following documents are incorporated by reference and made a part of this contract
Attachment:
e
. RECEIVING AGENCY'S Division for Family and Community Health Services Renewal
Application for Service Delivery Integration, issued May 27, 2005, and any revisions;
. PERFORMING AGENCY'S Fiscal Year 2006 Renewal Application and any revisions;
. RECEIVING AGENCY'S Associateship for Family Health (Am) FY 05 Competitive
Request for Proposal (RFP) for the In-Scope Programs;
. PERFORMING AGENCY'S AFH FY 05 Competitive RFP, Component II, Attachment
H;
. RECEIVING AGENCY'S "SDI Policies and Users Manual" Fiscal Year 05-1, or latest
revision, including "SDI: Clinic Operations and Medical Standards";
ATTACHMENT - Page 2
e
216
. RECEIVING AGENCY'S Service Delivery Integration (SOI) On-site Evaluation Report,
revised 10/1/04 for 2005 and Service Delivery Integration Tool Instructions. revised
11/29/04 for 2005; or latest revision; and
. Department of State Health Services Standards for Public Health Clinic Services, revised
8/31/04.
e
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING
AGENCY shall inform RECEIVTNG AGENCY Program, in writing, if it will not continue
performance under this Attachment in compliance with the amended standard(s) or guideline(s).
RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable
period of time as determined by RECEIVTNG AGENCY.
PERFORMING AGENCY shall coordinate its services with existing Federally Qualified Health
Centers (FQHCs) located in its county(ies) or examine seeking desiguation as an FQHC if no
FQHC is currently available within its county(ies).
PERFORMANCE MEASURES
Performance measures set out in the "SDT Policies and Users Manual" and PERFORMING
AGENCY'S Response to the Renewal Application for Service Delivery Integration, issued May
27, 2005 as approved by RECEIVTNG AGENCY will be utilized to assess, in part. the
PERFORMING AGENCY'S effectiveness in providing services described in this contract
Attachment, without waiving the enforceability of any of the other terms of this contract.
PERFORMING AGENCY shall provide services to unduplicated clients who live or receive
services in the following county(ies)/area: Calhoun.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Terms and Conditions of Payment Article, paragraph two, is replaced in
its entirety with the following;
e
PERFORMING AGENCY shall enter and transmit client data and billing information
into RECEIVING AGENCY'S SIEBRS as described in the "SOI Policies and Users
Manual" for the activities funded by this Attachment.
RECEIVTNG AGENCY will batch the electronic transmissions and generate and process
a weekly payment voucher for PERFORMING AGENCY.
General Provisions, Terms and Conditions of Payment Article, is modified to include the
following paragraphs: .
PERFORMING AGENCY'S contract amount under this Attachment is a ceiling against
which it may bill, on a fee-for-service basis, according to the Medicaid rates incorporated
into SIEBRS for the provision of allowable services to eligible clients. Only allowable
ATTACHMENT - Page 3
e
217
'.
services provided to eligible clients may be billed against this ceiling. The current
schedule of Medicaid rates may be modified at the sole discretion of the State Medicaid
Agency, The RECEIVING AGENCY must provide thirty (30) days written notice to
PERFORMING AGENCY should the modification include a reduction in rates,
Notification of an increase in rates does not require written notification. The notice will
provide PERFORMING AGENCY with an opportunity to terminate this Attachment
should the modification include a reduction in rates. PERFORMING AGENCY shall
have thirty (30) days from receipt of this notice to exercise the option for termination, If
PERFORMING AGENCY does not exercise the option during the thirty (30) day time
period, PERFORMING AGENCY shall be deemed to have waived the option.
e
PERFORMING AGENCY shall notify RECEIVING AGENCY immediately in the event
of any significant change affecting the PERFORMING AGENCY'S identity, ownership
or control, name change, governing board membership, vendor identification, medical or
program director, changes in hours of operation, clinic site information regarding closure,
relocation, change of address, and openings of new clinic sites. Failure to disclose the
required information or inaccurate disclosure by the PERFORMING AGENCY may be
treated as a material breach of this contract and may be grounds for termination.
General Provisions, Program Income Article, paragraphs one and two are deleted and replaced
with the following paragraphs.
All revenues directly generated by a contract Attachment supported activity or earned
only as a result of the Attachment during the term of the contract Attachment are
considered program income. Program income generated under this contract shall be used
to further the program objectives of the StateIFederal statue under which the Scope of
Work for the contract Attachment was made.
PERFORMING AGENCY shall identify and report all program income utilizing
SlEBRS. which is the RECEIVING AGENCY Program's automation system, as
described in the "SOl Policies and Users Manual."
e
PERFORMING AGENCY shall implement a sliding fee scale that includes adjustments
for family size and income for the provision of public health services. The sliding fee
scale shall be based on the cost of the services provided and the Federal Poverty
Guidelines which are published annually by the U.S. Department of Health and Human
Services. RECEIVING AGENCY will provide the revised Federal Poverty Guidelines to
PERFORMING AGENCY along with guidance on adjusting the sliding fee scale.
PERFORMING AGENCY shall be responsible for the development and implementation
of policies and procedures for charging, billing and collecting fees. These policies and
procedures shall be reviewed by PERFORMING AGENCY'S policy board or advisory
committee.
PERFORMING AGENCY shall assess and document each prospective client's eligibility
or potential eligibility for third party reimbursement. In accordance with the SDI Policies
ATTACHMENT - Page 4
e
218
e
e
e
..
"
and Users Manual. PERFORMING AGENCY may assess fees. No eligible client shall
be denied services based on the inahility to pay assessed client fees.
These program income provisions shall not be construed to apply to funds raised by
PERFORMING AGENCY from fund-raising activities or donations. Fund raising
includes membership drives or special events used to raise program funds. Donations
include monies donated to the program by individuals and private groups, such as
churches or other organizations.
General Provisions, Reports Article, is modified to include the following:
PERFORMING AGENCY shall identify and report income, utilizing STEBRS.
PERFORMING AGENCY shall submit reports in the standard format provided by the
RECEIVING AGENCY Program only for any performance goals or activities not
captured or reported in STEBRS.
SECTTON III. BUDGET:
PERFORMING AGENCY shaIl adhere to the current schedule of allowable services and rates as
referenced in this contract Attachment.
PERFORMING AGENCY may bill up the maximum amount specified below for each of the
services funded by this contract Attachment.
TITLE V MCH FEE-FOR-SERVICE
Payments for Title V Fee-For-Service will not exceed: $5,098,00.
PRIMARY HEALTH CARE
Payments for Primary Health Care services will not exceed: $0.00.
TUBERCULOSIS EUMINA TlON
Payments for Tuberculosis Elimination Fee-Por-Service will not exceed $0.00.
Total payments wiIl not exceed $5,098.00.
A IT ACHMENT - Page 5
219
1 ~, l'
~
CONTRACT FOR PUBLIC HEALTH SERVICES
Contract Issued by: DEPARTMENT OF STATE HEALTH SERVICES
(RECEMNG AGENCY) 1100 WEST 49TI! STREET
A1JSTTIN, TE~S 78756-3199
DSHS DOCUMENT NO, 7460019239A2006
SC
Legal Authority to Contract:
Chapters 12 and 121, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County,
Texas.
PERFORMING AGENCY NAME: CALHOUN COUNTY HEALTH DEPARTMENT
MAILING ADDRESS: 117WASHST PORTLAVACA TX 77979-2912
STREET ADDRESS: 117 WASH ST PORT LA V ACA TX 77979-2912
NAMEOFAUTHORIZED
CONTRACTINGENTlTY: CALHOUN COUNTY
(If different from PERFORMING AGENCY)
PAYEE DATA (!fnot the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State
Compo-oUer's Office.):
NAME: CALHOUN COUNTY TREASURER
ADDRESS: COUR1HOUSE ANNEX PORT LA V ACA TX 77979-4210
(City, State, Zip)
State of Texas Vendor Identification No. (14 digits)
17460019239004
PAYEE AGENCY Fiscal
Year Ending Month: December
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is
independendy owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
HistoriCally Und.erutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a
profit in which at lease 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have
been historically underutilized (socially disadvantaged) because of their identification as members of certain groups; Black American,
Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by Texas Building and
Procurement Commission or another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTA nON:
COVER PAGE I ~ Receiving and Performing Agency Data
COVER PAGE 2 . Details of Attachment(s)
COVER PAGE 3 ~ Authorized Signatures
GENERAL PROVISIONS - 612004
ATTACHMENT(S)
EXHIBITS, IF APPLICABLE
Cover Page 1
e
220
e
e
e
DET AILS OF A TT ACHMENTS
Att/ DSHS Program ill/ Term Financial Assistance Direct Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No, Order Number Begin End Source of Amount
Funds*
01 SDI/FFS 09101105 12/31/05 State 9,391.00 0,00 9,391.00
0000309737
DSHS Document No,7460019239A2006 Totals $ 9,391.00 $ 0,00 $ 9,391.00
, I I I
*Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
221
,
DOCUMENT NO. 7460019239A-2006
ATTACHMENT NO, 01
PURCHASE ORDER NO. 0000309737
PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT
RECENING AGENCY PROGRAM: COMMUNITY HEALTH SERVICES SECTION
TERM: September 01,2005 THRU: December 31,2005
e
SECTION L SCOPE OF WORK:
PERFORMING AGENCY shall work collaboratively with RECENING AGENCY to pilot
tools, processes and activities which are designed to integrate delivery of identified services and
to streamline and simplify contract administration.
PERFORMING AGENCY shall use funds provided by this Attachment to provide and assure
integration of one or more of the following services:
· Title V Family Planning (Fee-for-Service); and
. Title XX Family Planning,
These services and standards are further described in the "Service Delivery Integration (SDI)
Policies and User Manual" Fiscal Year 05-1, or latest revision,
Where applicable, PERFORMING AGENCY shall provide integration with the following
services:
. Title V Maternal and Child Health Services, including Prenatal, Dysplasia, Dental, Part
BlPopulation-Based, and Children with Special Health Care Needs;
. Primary Health Care
. Special Supplemental Nutrition Program for Women, Infants and Children (WIC);
. Title XIX Family Planning;
. Title XIX Texas Health Steps;
. Medical Transportation;
. Tuberculosis Elimination;
. Medically Dependent Children's Program; and
. Children's Health Insurance Program (CHIP).
e
In-scope programs include:
. Title V Family Planning;
. Title X Family Planning; and
. Title XX Family Planning.
ATTACHMENT-Page 1
e
222
PERFORMING AGENCY shall utilize fee-for-service rates for all contractor payments except
TitJeX,
e
PERFORMING AGENCY shall participate collaboratively with RECENING AGENCY in the
development, modification and evaluation of activities, tools, and processes, which facilitate
integration of:
. Intake and eligibility detennination;
. Billing and client fees;
. Uniform contract requirements;
. Reporting;
. Clinical standards;
. Contract monitoring;
. Policy development; and
. Automated information systems.
PERFORMING AGENCY shall enter client data and billing information into RECENING
AGENCY'S sm Integrated Eligibility, Billing and Reporting System (SIEBRS) as described in
the "SDI Policies and Users Manual" Fiscal Year 05-1, or latest revision, for the activities
funded by this Attachment.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards, and guidelines in effect on the beginning date of this contract Attachment
unless amended, including, but not limited to:
. Sterilizations, 42 CFR Part 50, Subpart B; and
. Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B.
e
The following documents are incorporated by reference and made a part of this contract
Attachment:
. RECENING AGENCY'S Associateship for Family Health (AFH) FY 05 Competitive
Request for Proposal (RFP) for the In-Scope Programs;
. PERFORMING AGENCY'S AFH FY 05 Competitive Proposal, Component II,
Attachment H;
. RECENING AGENCY'S "sm Policies and Users Manua]" Fiscal Year 05-1 or latest
revision, including "SDI: Clinic Operations and Medical Standards";
· RECENING AGENCY'S Service Delivery Integration (SDI) On-site Evaluation Report,
revised 10/1/04 for 2005 and Service Delivery Integration Tool Instructions, revised
11/29/04 for 2005; or latest revision; and
. Department of State Health Services Standards for Public Health Clinic Services, revised
8/31/04.
A IT ACHMENT - Page 2
e
223
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING
AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue
performance under this Attachment in compliance with the amended standard(s) or guideline(s).
RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable
period of time as determined by RECEIVING AGENCY.
PERFORMING AGENCY shall perform no elective abortion procedures, shall neither contract
with nor provide funds to any individual or entity for the performance of elective abortions, and
shall submit no claims to RECEIVING AGENCY for reimbursement of direct or indirect costs
(including overhead, rent, phones, and utilities) of abortion procedures.
e
If PERFORMING AGENCY is affiliated with an entity that performs elective abortion
procedures or becomes affiliated with an entity that performs elective abortions at any time
during the term of this contract,
I. PERFORMING AGENCY and its abortion-services affiliate must be
legally separate corporations, with separate articles of incorporation and
separate bylaws, If PERFORMING AGENCY is a State or local
governmental entity. the abortion-services affiliate must be a legally
separate organization with a separate governing structure.
2. PERFORMING AGENCY and its abortion-services affiliate must have
easily distinguishable names.
3. PERFORMING AGENCY and its abortion-services affiliate must have
separate boards of directors or governing bodies which meet separately
and maintain separate records,
4.
PERFORMING AGENCY may not transfer any funds distributed under
RECEIVING AGENCY Strategy B.I.3 to its abortion-services affiliate.
PERFORMING AGENCY must assure that its affiliated entity apportions
fair value for any shared expenses or costs (including overhead, rent,
phones, equipment, and utilities) in accordance with generally accepted
accounting principles,
e
5. PERFORMING AGENCY shall assure that any person employed part-
time by PERFORMING AGENCY and by its abortion-services affiliate
shall contemporaneously maintain accurate time records, similar to time
records maintained by attorneys, though not necessarily by means of an
automatic recording device such as a "time clock", that clearly reflect the
work performed for each employer.
6. If PERFORMING AGENCY and its abortion-services affiliate are located
at the same physical location, PERFORMING AGENCY shall assure that
A IT ACHMENT - Page 3
e
224
e
e
e
the existence and separate nature of the affiliate relationship is clearly
reflected by appropriate signage in areas accessible to the public,
7, PERFORMING AGENCY and its abortion-services affiliate must each
maintain records adequate to show compliance with the foregoing
requirements.
PERFORMANCE MEASURES
Performance measures set out in the "SDI Policies and Users Manual" and the RECEIVING
AGENCY'S response to Form B4: SDI Title V FP Funding Distribution will be utilized to
assess, in part, the PERFORMING AGENCY'S effectiveness in providing services described in
this contract Attachment, without waiving the enforceability of any of the other terms of this
contract.
PERFORMING AGENCY shall provide services to unduplicated clients who live or receive
services in the following county(ies)/area: Calhoun.
SECTION II. SPECIAL PROVISIONS:
RECEIVING AGENCY shall include in any financial audits of state funds received by
PERFORMING AGENCY under this attachment a review to ensure compliance with the
requirements of Department of State Health Services Rider 30, General Appropriations Act, 79th
Legislature,
General Provisions, Terms and Conditions of Payment Article, paragraph two, is replaced in
its entirety with the following:
PERFORMING AGENCY shall enter and transmit client data and billing information
into RECENING AGENCY'S STEBRS as described in the "SDI Policies and Users
Manual" for the activities funded by this Attachment (including Title XX Family
Planning Services),
RECENING AGENCY will batch the electronic transmissions and generate and process
a weekly payment voucher for PERFORMING AGENCY.
General Provisions. Terms and Conditions of Payment Article, is modified to include the
following paragraphs:
PERFORMING AGENCY'S contract amount under this Attachment is a ceiling against
which it may bill, on a fee-for-service basis, according to the Medicaid rates incorporated
into STEBRS for the provision of allowable services to eligible clients, Only allowable
services provided to eligible clients may be billed against this ceiling, The current
schedule of Medicaid rates may be modified at the sole discretion of the State Medicaid
Agency, The RECEIVING AGENCY must provide thirty (30) days written notice to
ATTACHMENT - Page 4
225
PERFORMJNG AGENCY should the modification include a reduction in rates.
Notification of an increase in rates does not require written notification. The notice will
provide PERFORMING AGENCY with an opportunity to terminate this Attachment
should the modification include a reduction in rates. PERFORMJNG AGENCY shall
have thirty (30) days from receipt of this notice to exercise the option for termination, If
PERFORMING AGENCY does not exercise the option during the thirty (30) day time
period, PERFORMING AGENCY shall be deemed to have waived the option.
PERFORMING AGENCY shall notify RECEIVING AGENCY immediately in the event
of any significant change affecting the PERFORMING AGENCY'S identity, ownership
or control, name change, governing board membership, vendor identification, medical or
program director, changes in hours of operation, clinic site information regarding closure,
relocation, change of address, and openings of new clinic sites. Failure to disclose the
required information or inaccurate disclosure by the PERFORMING AGENCY may be
treated as a material breach of this contract and may be grounds for termination,
e
General Provisions, Program Income Article, paragraphs one and two are deleted and replaced
with the following paragraphs.
All revenues directly generated by a contract Attachment supported activity or earned
only as a result of the Attachment during the term of the contract Attachment are
considered program income. Program income generated under this contract shall be used
to further the program objectives of the State/Federal statue under which the Scope of
Work for the contract Attachment was made.
PERFORMING AGENCY shall identify and report all program income utilizing
SIEBRS, which is the RECEIVING AGENCY Program's automation system, as
described in the "SDI Policies and Users Manual."
PERFORMING AGENCY shall implement a sliding fee scale that includes adjustments
for family size and income for the provision of public health services. The sliding fee
scale shall be based on the cost of the services provided and the Federal Poverty
Guidelines which are published annually by the U.S. Department of Health and Human
Services. RECEIVING AGENCY will provide the revised Federal Poverty Guidelines to
PERFORMING AGENCY along with guidance on adjusting the sliding fee scale.
PERFORMING AGENCY shall be responsible for the development and implementation
of policies and procedures for charging, billing and collecting fees, These policies and
procedures shall be reviewed by PERFORMJNG AGENCY'S policy board or advisory
committee.
e
PERFORMING AGENCY shall assess and document each prospective client's eligibility
or potential eligibility for third party reimbursement. In accordance with the SOl Policies
and Users Manual, PERFORMING AGENCY may assess fees, No eligible client shall
be denied services based on the inability to pay assessed client fees.
ATTACHMENT-Page 5
e
226
These program income provisions shall not be construed to apply to funds raised by
PERFORMING AGENCY from fund-raising activities or donations. Fund raising
includes membership drives or special events used to raise program funds. Donations
include monies donated to the program by individuals and private groups, such as
churches or other organizations.
General Provisions, Reports Article, is modified to include the following:
e
PERFORMING AGENCY shall identify and report income utilizing SIEBRS.
PERFORMING AGENCY shall submit reports in the standard fonnat provided by the
RECENING AGENCY Program only for any perfonnance goals or activities not
captured or reported in SIEBRS,
SECTION III. BUDGET:
PERFORMING AGENCY shall adhere to the current schedule of allowable services and rates as
referenced in this contract Attachment.
PERFORMING AGENCY may bill up the maximum amount specified below for each of the
services funded by this contract Attachment.
TITLE XX
Payments for Title XX Family Planning services wiJ1 not exceed: $0,00.
TITLE V FAMILY PLANNING FEE-FOR-SERVICE
Payments for Title V Family Planning Fee-For-Service will not exceed: $9.39 1.00,
e
Total payments will not exceed $9.391.00.
ATTACHMENT - Page 6
e
227
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CALHOUN COUNTY
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME:
RECEIVING AGENCY NAME:
CALHOUN COUNTY HEALTH DEPARTMENT DEPARTMENT OF STA TE HEALTH
SERVICES
By:
Michael J. Pfeifer, Calhoun County Judge
(Name and Title)
Date;
September 14, 2005
RECOMMENDED:
By:
~-
(PERFORMING AGENCY Director, if different
from person authorized to sign contract)
By:
(Signature of person authorized to sign contracts)
Bob Burnette, Director
Client Services Contractine Unit
(Name and Title)
Date:
DSHS Document No: 7460019239A2006
Cover Page 3
228
e
e
e
e
e
e
, GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBREClPIENT GRANT CONTRACTS
'" --,-, " "
. -- :'-'- '--', '''''.'-.- _: '. -,'-.:-,.-.:.
- --, '. ......
. . TMtUl t)'Fro~
ARTICLE}: ~LE'
.3 . l'Ur:wlNG' . .
,.4,' ~S.' "'.
::'~=~~~~'
.:.: =J~~UQ~
.:=..~... .
12 - ~~.~.~~~'M!lOlro
C{)Dl>~&rS .' . ...,.. '. .'
~ : ~~~~~:~~~~nc'MANAflEMENT,
~: =' ~~~OmOFJ>AYMENT
1'1... ~S~li~'~~o$ .,"..... . .
liS . ~'J.W,WWil\~ .
'. 1"9. REPORTS . ..... ..., . '. .
211 - !NSP-ECl'lOm '. . ,
21 . RECORDS RETBNl:rON'. '. .. .
22. - {)l)NF~:t:J'.YOFPROTECTED'm!AU$rlNF6RMATION'
:'~~~)FSS"'" ."
.' 'Z5 .. SAN~~ .
:: .~~~€rcLAlM
%8.. VOIDe~
29.~".. '.
.~.: ~~:'~~~l)fl~ . " :.' . .
3Z .NO WAI'\i'ER OFSOMmmli:JN~.
.. ::-.::.-,:;;..;.;._,...,....
Paper Publications Number: 29-11835, Revised JWle 2004
(Fee-for-Service)
GENERAL PROVISIDNS 6/2004
229
"
Any alteration to this document constltut.. a count.,...,ff... and must be approv<d In writing by the Departme.t of State Health
, Servl....
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBREClPIENT GRANT CONTRACTS
ARTICLE 1. Preamble
PERFORMING AGENCY and RECENING AGENCY (the parties) agree to make and enter into this grant
contract (contract), to faithfully perform the duties prescribed by this contract, and to uphold and abide by its .-
terms and provisions. This contract consists of: .
· RECENING and PERFORMING AGENCY identifying data,
· Details of Attacbment(s),
. authorized signatures,
. General Provisions, and
. Attacbment(s).
Attachments may include the following elements as applicable:
. detri~dS~~)of\Voc~
. Special Provisions,
. budget(s), and
. exhibit(s).
This contrnct represents the complete and entire understanding and agreement of the parties, No prior
agreement or Wlderstanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless
embodied in this contract The terms "shall" and "will" are used interchangeably in this contract.
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or
representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant
and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this
contract for PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its
terms, performances, and provisions.
e
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in any Special Provisions of the Attacbment( s) to this document. If the General Provisions
are revised or replaced during the tenn of this contract and PERFORMING AGENCY 'does not consent to
comply with the modified General Provisions, PERFORMING AGENCY may exercise its termination options
in accordance with the General Provisions, Termination Article.
ARTICLE 2. Term
The tenn (time period) of this contract shall be governed by the tenn(s) of the Attacbment(s). No commitment
of contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be
renewed, extended or shortened byamendment(s).
{Fee-for-Service}
GENERAL PROVISIONS 612004
Page I
e
230
e
e
e
ARTICLE 3. Fundinl!
This contract is contingent upon the continued availability of funding. If fimds becomejunavailable through lack
of appropriations, budget cuts, transfer of funds between programs or agencIes, amendment of the
appropriations act, health and human services agency consolidations, or any other disruption of Cll1Tent
appropriations, provisions of the Tennination Article shan apply.
ARTICLE 4. Amendments
Amendments to this con1ract must be in writing and signed by individuals with authority to bind the parties.
Uniform Grants Management Standards and RECENING AGENCY procedures authorize limited changes to a
contract attachment with prior written approval from RECENING AGENCY. PERFORMING AGENCY must
submit request in format prescribed by RECEIVING AGENCY Program. 'RECENING AGENCY wiIJ
consider the request and document approval or disapproval in writing. PERFORMING AGENCY IS respoDSlble
for ensuring that any modification to a contract Attachment becomes a part of the con1ract file.
RECENING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment
executed in compliance with this Article. PERFORMING AGENCY shan not perform and RECEIVING
AGENCY will not pay for the performance of different Or additional services, work, or products except pursuant
to an amendment that is executed in compliance with this Article.
PERFORMING AGENCY shaJJ plan expenditures so that any necesslll)' budget revisions or amendments are
executed no later than ninety (90) days prior to the expiration of the Attachment tenn. PERFORMING
AGENCY shaJJ provide a written justification for any budget revisions and/or amendments. If a budget revision
or amendment is requested during the last quarter of the Attaclunent term, the written justification shall include
a reason for the delay. Revision or amendment requests may be granted at the discretion of RECEIVING
AGENCY.
ARTICLE 5. Applicable Laws and StandlU'ds
This contract shall be interpreted tmder and in accordance with the laws of the State of TeXas and enabling state
rules. Where applicable, federal statutes and regulations, including federa1 grant requirements applicable to
funding souroes, shaJJ apply to this contract.
The principles in the Uniform Grant Managetuent Standards (DGMS) as amended by revised federal circulars
and incoIpOrated in UGMs by the Governor's Budget and Planning Office shaJJ be used as a guide in the pricing
of fixed price arrangements where costs are used in detennining the appropriate price.
PERFORMING AGENCY shan not use funds granted tmder this contract to pay any person for influencing or
attempting to influence an officer or employee of any agency, federal or state, a Member of Congress,'an officer
or employee of Congress, or an employee of a Member of Congress in COlDlection with the awarding of any
contract or grant or the extension, continuation, renewal, amendment, or modification of any con1ract or grant
(31 USC ~1352, as amended, and UGMS). If at any time this .con1ract exceeds $100,000 of federa1 funds,
PERFORMING AGENCY shall file with RECEIVING AGENCY a declaration containing the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of
PERFORMING AGENCY in connection with that con1ract or grant, a certification that none of the funds
provided by RECEIVING AGENCY have been or win be used for payment to lobbyists, and disclosure of the
names of any and all registered lobbyists with whom PERFORMING AGENCY has an agreement.
PERFORMING AGENCY shall require any person who requests or receives a subgrant or subcon1ract to file
the same declaration, certification, and disclosure with RECEIVING AGENCY. PERFORMING AGENCY
shaJJ file the declaration, certification, and disclosure at the time of application for the contract or grant; upon
(Fee-Jor-Service)
GENERAL PROVISIONS 612004
Page 2
231
execution of a contract or grant unless PERFORMING AGENCY previously filed a declaration, certification, or
disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any
event that materially affects the accuracy of the information contained in any declaration, certification, or
disclosure: previously filed. RECEIVING AGENCY will supply the certification form to PERFORMING
A(JENCY upon request,
Al!.TICLE 6. Debarment and SW<llension
PERFORMING AGENCY certifies by execution of this contract to the following:
. It is not ineligible for participation in federal or state assistance programs Wlder Executive Order 12549, _
Debannent and Suspension, Feb.18, 1986, 51 Fed. Reg. 6370; ,.,
. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible,' or volllIl1lU':i1y excluded from participation in this transaction by any federal department or
agency;
. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal
or state agency; and,
. It is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of
the balance of a debt.
Mere PERFORMING AGENCY is unable to certifY to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation, If PERFORMING AGENCY'S status with respect to the items certified
above changes during the contract, PERFORMING AGENCY shall notify RECEIVING AGENCY
immediately.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a
subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549.
ARTICLE 7. AssurlIDces
PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal
gain,
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to
fully comply with the following:
e
. Title VI of the Civil Rights Act of 1964, 42 USC ~~2000d et seq., as amended (p.L. 88-352), which
prolubits discrimination on the basis of race, color or national origin, and includes the provision for
effective connmmication and equal access to programs, services and activities to persons with Limited
English Proficiency;
. Title IX of the Education Amendments of 1972, 20 USC ~~1681-I683, and 1685-1686, as amended,
which prohibits discrimination on the basis of sex;
. Section 504 of the Rehabilitation Act of 1973, 29 USC F94(a), which prohibits discrimination on the
basis of disabilities and the Americans with Disabilities Act of 1990, 42 use ~~ I 2 IO I et seq., including
the provision for effective conllmmication and equal access to programs, services and activities to
persons with sensory and speech impairments; ,
. The Age Discrimination Act of 1975, 42 use ~~6I01-6I07, as amended, which prohibits
discrimination on the basis of age;
(Fee:for-Seryjce)
GENERAL PROVISIONS 612004
Page 3
e
232
-
e
e
. The Drug Abuse Office and Treatment Act of 1972, 21 use ggIl01 et seq., as amended, relating to
nondiscrimination on the basis of drug abuse;
. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970, 42 use ~290dd (b)(1), as amended, relating to the nondiscrimination on the basis of alcohol
abusemalcoholi~ .
. Public Health Service Act of 1912, ~g523 and 527, 42 USC g290dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient recmds;
. Title vm of the Civil Rights Act of 1968, 42 USC gg360I et seq., as amended, relating to
nondiscrimination in the sale, rental or financing of housing;
. The requirements of any other nondiscrimination statute(s); and
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on
!be basis of race, color, IUl.tional origin, religion, age, sex m disability, PERFORMING AGENCY shall carry
out the terms of this contract in a manner which will assist RECEIVING AGENCY in complying with such
obligations to !be fullest extent ofpERFORMING AGENCY'S ability.
PERFORMlNG AGENCY agrees to comply wi!b all or part of !be following, as applicable:
A. Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the
basis ohacc, color, disability, religion, sex, national origin, m age,
B. Immigration Reform and Control Act of 1986, 8 USC g 1324a, as amended, regarding
employment verification and retention of verification forms fm any individuaJ(s) hired on or after
November 6, 1986, who will perform any labor or services under this contract.
C. Pro-chiJdren Act of 1994, 20 USC ~g6081-6084, regarding the provision of a smoke-free
wmkplace and promoting the non-use of all tobacco products,
D. The National Research Service Award Act of 1971, 42 USC gg289a-1 et seq., as amended, and
6601 (p.L. 93-348 and PL. 103-43), as amended, regarding the protection of human subjects
involved in research, development, and related activities supported by any applicable award of
federal assistance, as implemented by 45 CFR Part 46, Protection of Human Subjects.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC S263a, as amended, which
establish federal requirements for the regulation and certification of clinical laboratories.
F.
The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29
CFR g19IO.1030, which set safety standards for !bose wmkers and facilities in the private sector
who may handle blood bome pathogens, m Title 25 Texas Administrative Code (TAC), Chapter
96, which affects facilities in the public sector,
G.
Laboratory Animal Welfare Act of 1966, 7 USC g~2131 et seq. (P,L. 89-544), as amended,
pertsining to the care, handling, and treatment of wann-blooded animals held for research,
teaching, or other activities supported by this award of assistance.
H.
Texas Government Code, Chapter 469, as amended, pertaining to standards which eliminate
architectural harriers for persons with disabilities.
I.
Health and Safety Code, Chapter 165, 'relating to the rights of mothers to breast-feed and the
promotion of breast-feeding. RECEIVING AGENCY will support PERFORMlNG AGENCY in
complying by providing promotional material and infonnation that encourages breast-feeding to
(Fee-for-Service)
GENERAL PROVISIONS 6/2004
Page 4
233
program participants who are pregnant women or mothers with infants. Promotional material may
be requested from RECENlNG AGENCY by calling (512) 458-7796.
J. Environmental standards. pursuant to the fo1\owing:
(I) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969, 42 USC ~~4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247),
"Protection and Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32),
"Providing for Administration of the Clean Air Act and Federal Warer Po1\ution Control e
Act with Respect to Federal Con1rncts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990,42 Fed. Reg. 26961.
(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42
Fed. Reg. 26951.
(5) Assurance of project consistency with the approved State Management program developed
under the Coastal Zone Management Act of 1972,16 USC ~~145I et seq., as amended.
(6) Conformity of federal actions to state clean air implementation pl.ns under the Clean Air
Act of 1955, as amended, 42 USC ~~7401 et seq.
(7) Protection of underground sources of drinking warer Wlder the Safe Drinking Warer Act of
1974,42 USC ~~300f-30Oj, as amended.
(8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC
~~I531 et seq., as amended,
K. Hatch Political Activity Act, 5 USC ~F321-26, which limits the political activity of employees
whose principal employment activities are funded in whole or in part with federal funds.
1. The Fair Labor Standards Act, 29 USC ~~201 at seq., and the Inrergovernmental Personnel Act of
1970,42 USC ~~70I et seq" as applicable, concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 78th Legislature, 2003, Article ~9-6,13, page IX-
35, "Limitation on Grants to Units of Local Government." For the pUIpose of ~9-6.13, "unit of
local government" shall mean a council of goyemments, a regional planning commission, or a
similar regional planning agency created under Chaprer 391, Loca\ Government Code; a local
workforce development board; or an MHMR community center.
O. Texas Government Code, Chapter 552, relating to open records and public infOIll1ation.
e
N. Texas Government Code, Chaprer 573, relating to nepotism.
P. Texas Government Code, Chapter 551, relating to open meetings.
Q, Texas Occupations Code, Chaprer 1701, as amended, and all rules adopted by the Texas
Commission on Law Enforcement Officer Standards and Education pW'lluant to Chaprer 1701, as
amended, relating to regulated law enforcement agencies.
PERFORMING AGENCY shall ensure that the facilities Wlder its ownership, lease or supervision which will be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EP A) list
of Violating Facilities and sha1\ notify the Federal grantor agency of the receipt of any communication from the
Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is Wlder
consideration for listing by the EP A (Executive Order 11738).
(Feejor-&tvice)
GENIlRAL PROVISIONS 6/2004
PageS
e
234
e
e
e
PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC ~~400I-4003, as amended, Section 102(a) requires the purchase of
flood insurance in communities where the insurance is available as a condition for the receipt of any federa1
financial assistance for cons1ruction or acquisition proposed for use in any area that has been identified by the
Secretary of the U.S, Department of Housing and Urban Development as an area having special flood hazards.
Ai; required by Texas Family Code, ~23 1.006, a child aupport obligor who is more than thirty (30) days
delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner,
shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive
payments from state fimds WIder a contract to provide property, materials, or services or receive a state-fimded
grant or loan. If applicable, PERFORMING AGENCY agrees to comply with these provisions, certifies that it
is not ineligible to receive the payments specified in this contract, and acknowledges that this contract may be
tenninated and payment may be witbheId if this certification is inaccurate.
Pursuant to GOvernment Code ~ 403.055, Receiving Agency will not approve and the State Comptroller will not
issue payrncnt to Performing Agency if Performing Agency is indebted to the state fOf' any reason, including a
tax delinquency. .
If PERFORMING AGENCY provides medical, dental, psycholOgical or surgical treatment to a minor under this
contract, either directly or tbrough contracts with suhrecipients, the treatment of a minor shall be provided only
if consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to
treatment of a child by a non-parent or child. If requirements of federal law relating to consent directly conflict
with Chapter 32 of the Family Code, federal law shall supersede state law.
If PERFORMING AGENCY provides immunizations, PERFORMING AGENCY shall comply with all
immunization reporting guidelines and requirements set forth in the Health and Safety Code, Chapter 161,
Subchapter A. This requirement shall also apply to subrecipients Of' subcontractors of PERFORMING
AGENCY, ifany,
PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401-406, and rules promulgated there under found at 28 Texas Administrative Code (TAC),
Part 2, which cover compensati~ for employees' injmies,
When incorporated into an Attachment, standard assurances contained in the application package, if any,
become tenns or conditions fOf' receipt of RECENING AGENCY fimds, PERFORMING AGENCY and its
subrecipients shall maintain an appropriate contract administration system to ensure that all tenns, conditions,
and specifications are met.
PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required
state and federal tax forms.
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract without the
written consent ofRECEIVlNG AGENCY.
ARTICLE 8. Child Abnse Renortinl! Reouirements
[PERFORMING AGENCY is required to comply with this article only as ,elated to services provided under the
following Attachments: Human Immunod~ciency Vints and Se:rually TrQ/lSmitted Diseases (all direct clielll
care selVices for HIV and other sexually transmitted diseases funded unde1' the Ryan White CARE Act Title II or
general revenue), Title V Family Planning (ACFH/FEE-FP, Title X Family Planning (BWHIrITLE X), Title XX
Family Planning (BWHIITLXX), Primary Health Ca,e (ACFHlPHC), Title V Maternal and Child Health
(ACFH/FEE), Special Supplemental Nutrition Program for Women, Infants, and Children (BNSIWlC-CARD,
(Fee-for.Service)
GENERAL PROVISIONS 6/~004
Page 6
235
arul the Services Delivery Integration project (SDIIFFS).} PERFORMlNG AGENcY and each of its
subrecipients sball make a good faith effort to comply with child abuse reporting guidelines and requirements in
Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect,
PERFORMlNG AGENCY and each of its subrecipients shall develop, implement and enforce a written policy
that includes at a minimum the TOH Child Abuse Screening, Documenting, and Reporting Policy for
ContractorslProviders and train all staff on reporting requirements. PERFORMlNG AGENCY and its
subrecipients sball use the Checklist for TDH Monitoring as required by RECEIVING AGENCY. (The policy
and checklist are available at each of the above-referenced programs' websites.)
ARTICLE 9. Intellectual PropertY
Texas Health and Safety Code ~ 12,020, as amended, authorizes RECEIVING AGENCY to protect intellectual
property developed as a result of this contract.
e
''Intellectual property" means created property that may be protected under copyright, patent, or
trademark/service mark law.
"Work made for hire" is a copyrightable work prepared for RECEIVING AGENCY use, or a work specially
ordered or commissioned through a contract for RECEIVING AGENCY use. RECEIVING AGENCY owns
works made for hire unless it agrees otherwise by contract.
If federal or state fimds are used to finance activities supported by this Contract that result in the production of
original material, the federal or state awarding agency reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and to authorize others to use, for federal or state government
purposes (I) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant;
and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership
with grant support. PERFORMING AGENCY shall place an acknowledgment of federal or state awarding
agency grant support and a disclaimer, as appropriate, on any publication written or published with such support
and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
acknowledgment s1mll be to the effect that "TItis publication was made possible by grant nwnber _ from
(federn! or state awardim, aliency)" or 'The project described was supported by grant number from
(fedeta! or state awardim, al!ency)" and "Its contents are solely the responsibility of the authors and do not
necessarily represent the official views of the (federal Of state awardin~ al!et1cv\."
In the event the terms of a federal or state grant award the copyright to PERFORMING AGENCY,
RECEIVING AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for RECEIVING AGENCY, public health, and state
governmental noncommercial pmposes (1) the copyright, trademark, service mark, and/or patent on an
invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products;
teclmology; scientific information; trade secrets; and computer software, in any work developed under a grant,
subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents
to which a grantee, subgrantee or a PERFORMING AGENCY purchases ownership with grant support.
e
If the results of the contract performance are subject to copyright law, the PERFORMlNG AGENCY cannot
publish those results without prior review and approval of RECEIVING AGENCY.
ARTICLE 10. Historieallv Underotillzed Businesses
IfPERFORMlNG AGENCY subcontracts a portion of this contract, PERFORMlNG AGENCY agrees to make
a good faith effort to subcontract witb HUBs during the performance of its Attachment(s) with RECEIVING
AGENCY and will report HUB subcontract, or activity on a quarterly basis to RECETVlNG AGENCY.
(Fee-for-Service)
GENERAL PROVISIONS 612004
Page 7
e
236
e
e
e
ARTICLE 11. Conflict of Interest
PERFORMING AGENCY does not have nor will it acquire any interest that would conflict in any manner with
the perfoIlD8J1Ce of its obligations under this contract. Potential conflicts of interest include an existing business
or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with
RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in
any way in any project that is the subject of this contract.
ARTICLE 12. Certification of Software. Hardware. Firmware and Micro Code Products
PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro
code products used individually or together as a system to comply with RECEIVING AGENCY contract
requirements shall operate "accW1ltely" in the manner in which they were intended when given a "valid date"
containing century, year, month, and day.
For pmposes of this Article, "supplied or supported software, hardware, firmware, and micro code products"
does not include software supported by RECEIVING AGENCY or an agency of the federal government.
PERFORMING AGENCY is responsible for inslalling and implementing any versions of any software provided
by RECENING AGENCY or an agency of the federal government which is used in performance of this
contract.
For pwposes of this Article,
A) "accurately" is defined to include the following:
I) calculations shall be correctly performed using four-digityearprocessing;
2) functionality-on-line, batch including entry, inquiry, maintenance and updates shall support
four-digit year processing;
3) interfaces and reports shall support four-digit year processing;
4) processing with a four-digit year shall occur without hwnan intervention;
5) correct results in forward and backward date calculation spanning century boundaries shall
be provided;
6) correct leap year calculations shall be performed; and
7) processing correct results in forward and backward date calculation spanning century
boundaries shall occur;
B) "date integrity" shall mean all manipulations of time-related data (dates, durations, days of week,
etc,) shall produce desired results for all valid date values within the application domain;
C) "explicit century" shall mean date elements in interfaces and data storage pem1it specifying
century to eliminate date ambiguity;
D) "extraordinary actions" shall be defined to mean any action outside the nonnal documented
processing steps identified in the product's reference documentation;
E) "general integrity" shall mean no value for current date shall cause interruptions in desired
operation;
F) "implicit century" shall mean for any data element without century, the correct century is
unambiguous for all manipulations involving that document;
(Fee-for-Service)
GENERM. PROVISIONS 6/2004
Page 8
237
G) "product" or. "products" shaH be defined to include, but is not limited to, any supplied or
supported hardware, software, firmware and/or micro code;
II) "valid date" shaH contain a two-digit month, a two-digit day and a four-digit year.
PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendorllicensor from which
it obtains product(s) that product(s) delivered and insta1Jed under the contrncttlicense shall accurately process
valid date data when used in accordance with the product documentation provided by the contractor/licensor and
require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s),
Products lDlder the contractllicense shall possess general integrity, date integrity, explicit and implicit century e
capabilities. If the contractllicense requires that specific products shall perform as a system in accordance with
the foregoing warranty, then the wmranty shall apply to those listed products as a system. The duration of this
warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the
warranty shall be defined in, and subject to, the tenns and conditions of the contractor's standard commercial
warranty or warranties contained in the contrncttlicense; provided, that notwithstanding any provision to the
contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its
subrecipient(s) shall include repair or replacement of any supplied product if its noncompliance is discovered
and made known to the contractorlJicensor in writing within ninety (90) days after final acceptance. Nothing in
the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s)
may otherwise have under the contrnctllicense.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the infonnation coming to
PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 13. Standards for Financial and PrOl!l'ammatlc Mana!!ement
PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before
submitting any request for payment to RECEIVING AGENCY. A third party payer is any person or entity who
has the legal responsibility for paying all or part of the services provided, including, commercial health or
liability insurance carriers, Medicaid, or other federal, state, local and private funding sources, Third party
billing functions shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING
AGENCY or its subrccipient shall become a Medicaid provider ifperforming approved Texas Medicaid services
authorized by the Attachment(s).
PERFORMING AGENCY, if designated a 501(c)(3) organization as defined in the Internal Revenue Service
Code or a for-profit organization, and its governing board, shall bear full responsibility for the integrity of the _
fiscal and programmatic management of the organization. Such responsibility shall include: accountability for .,
all fimds and materials received from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules,
policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through se!f-evaluation and RECEIVING AGENCY'S monitoring processes. Further,
PERFORMING AGENCY'S governing board shall ensure separation of powers, duties, and functions of board
members and staff, Ignorance of any contract provisions or other requirements contained or referenced in this
contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements.
ARTICLE 14. Boudin!! and Liabilltv Insurance
PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of
fimding provided under the Attachment(s) up to $100,000 that covers each employee of PERFORMING
AGENCY handling fimds under this contract, including person(s) authorizing payment of such fimds. The
fidelity bond or insurance shall provide for indemnification of losses occasioned by: I) any fraudulent or
dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either individually or in
concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to perform faithfully
(Fee-for-Setvia)
GENERAL PROVlSIDNS 6/2004
Page 9
e
238
e
e
e
his/her duties or to acco~t properly for all monies and property received by virtue of his/her position or
employment.
PERFORMlNG AGENCY shall also maintain liability insurance coverage, referred to in Texas Government
Code, Section 2259.102, as "director and officer liability coverage," where PERFORMING AGENCY is a legal
entity that is required to have directors and/or officers. This provision applies to entities that are organized as
non-profit corporations under the Texas Non-Profit Corporstion Act; for-profit corporations organized under the
Texas Business Corporations Act; and any other legal entity that is required under Texas law to have directors
and/or officers. PERFORMING AGENCY shall maintain liability insurance coverage in an am01.mt not less
than the total value of tbis contract Attachment and that is sufficient to protect the interests of RECEIVING
AGENCY in the event an actionable act or omission by a director or officer of PERFORMING AGENCY
damages RECEIVING AGENCY'S interests.
ARTICLE 15. Terms and Conditions orPavment
For services satisfactorily performed pursuant to tbis contract, RECENlNG AGENCY will pay PERFORMING
AGENCY for allowable costs, Payments are contingent on a signed contract and will not exceed the total of
each Attaclunent(s). PERFORMING AGENCY is entitled to payment only if the service, work, and/or product
has been authorized and satisfactorily perfonned. If those conditions are met, RECEIVING AGENCY will
make payment in accordance with the Texas prompt payment law (Texas Government Code, Chapter 2251),
PERFORMING AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas
Govenunent Code, Chapter 225 I, Subchapter D,
PERFORMING AGENCY shall submit requests for payment on a State of Texas Purchase Voucher (TOR Form
B-I3) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit
vouchers monthly for payment within thirty (30) days following the end of the month covered by the bill,
PERFORMING AGENCY shall submit a payment request as a final close-out bill not later than ninety (90) days
following the end of the applicable Attachment term(s) for goods received and serviees rendered during the
Attachment term, Requests received in RECEIVING AGENCY'S offices more than ninety (90) days following
the end of the applicable Attachment term will not be paid, If necessary to meet this deadline, PERFORMING
AGENCY may submit payment request by facsimile transmission. Consideration of requests for an exception
will be made on a case-by-<:ase basis and only for an extenuating circwnstance such as a catastrophic event,
nallmi! disaster, or criminal activity that substantially interferes with nonnal business operations, or causes
damage or destruction of the place of business and/or records. A written statement describing the extenuating
circumstance and the last request for payment must be submitted for review and approval to the RECEIVING
AGENCY Program sponsoring the Attachment.
PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit
recoveries and interest earned on such funds before requesting cash payments including advance payments from
RECEIVING AGENCY,
Funding from tbis contract shall not be used to supplant [i.e., use in place of funds dedicated, appropriated or
expended for activities funded tlrrough the Attachment(s)] state or local funds, but PERFORMING AGENCY
shall use the funds from tbis contract to increase state or local funds currently available for a particular activity,
PERFORMING AGENCY shall make a good faith effort to maintain its current level of support.
PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local
funding, if any. resulted for reasons other than receipt or expected receipt of funding under the Attachment( s),
RECENING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable
and payable. If RECENlNG AGENCY has paid funds to PERFORMING AGENCY for unallowable or
ineligible costs, PERFORMING AGENCY shall return the funds to RECENING AGENCY within thirty (30)
days of written notice.
(Fee-for-Service)
GENERAL PROVISIONS 612004
Page 10
239
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
payment for any ineligible expenditures that PERFORMING AGENCY has not paid to RECEIVING
AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the date(s) due.
RECEIVING AGENCY may take repayment from funds available under any Attachment, active or expired, in
amounts necessary to fulfill PERFORMING AGENCY repayment obligations.
ARTICLE 16. PrOl!J'Bm Income
PERFORMING AGENCY may, or if PERFORMING AGENCY is a local health department shall, develop a A
fee-for-service system and a schedule of fees for personal health services in accordance with the provisions of _
Health and Safety Code, ~12.03I; the Texas Board of Health rules covering Fees for Clinical Health Services,
25 T AC ~ 1.91; and other applicable laws. No patient shall be denied a service due to inability to pay. .
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the term of the Attachment(s) are considered program income. Program income shall be
used by PERFORMING AGENCY to further the program objectives of the state/federal statute under which the
Attachment(s) waslwere made, and it shall be spent on the same project in which it was generated.
PERFORMING AGENCY shall identify and report this income utilizing the fonus and time frames specified in
the Reports Article of these provisions or the Special Provisions of the Attachment.
PERFORMING AGENCY shall use program income to provide additional client services. Any program
income not used to provide additional client services shall be deducted from PERFORMING AGENCY'S total
final billing to RECEIVING AGENCY at the end of the Attachment(s) term(s).
RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency
in identifying, billing, coIIecting, and reporting program income, and in utilizing it for the purposes and
conditions of the applicable Attachment(s),
ARTICLE 17. Contracts with Snbreclnlents
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited
in specific Attachment(s), Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of
an Attachment, whichever is greater, PERFORMING AGENCY shall obtain, written approval from
RECEIVING AGENCY.
e
Contracts with subrecipients shall be in writing and include the following:
. Name and address of all parties;
. A detailed description of the services to be provided;
. Measurable method and rate of payment and total amount of the contract;
. Clearly defined and executable tennination clause;
. Beginning and ending dates which coincide with the dates of the applicable Attachment(s) or cover a
term within the beginning and ending dates of the applicable Attachment(s);
. Records retention requirements consistent with UGMS;
· Access to inspect the work and the premises on which any of the work is performed, in accordance with
the Inspections Article contained in this contract;
. All clauses required by state/federal statutes, executive orders, and their implementing regulations; and
. Where applicable, federal statutes and regulations, including federal grant requirements applicable to
funding sources, Uniform Grant Management Standards issued by the Governor's Office, applicable
Office of Management and Budget Circulars, and applicable Code of Federal Regulations.
(Fee-for-Service)
GENERA.l PROVISIONS 6/2004
Page II
e
240
e
e
e
PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient.
PERFORMING AGENCY shall monitor both financial and progtllIDlllatic performance and maintain pertinent
records that will be available for inspection by RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
. Subrecipients are fully aware of the requirements imposed upon them by statelfederaJ statutes and
regulations including prompt payment of any subcontractors pursuant to Texas Government Code,
Chapter 2251, Subchapter D;
. Subrecipients comply with all financial management requirements as defined by RECENlNG
AGENCY, UGMS and the applicable OMB circulars;
. Subrecipients complete required audits;
. An adequate tracking system is mainuiined to ensure timely receipt of any subrecipient's required audit
reports and the resolution of any findings and questioned costs cited by these reports; and, that
. RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or
misappropriation of contract funds by subrecipients.
ARTICLE 18. Contracts for Procnrement
PERFORMING AGENCY may enter into contracts for procurement of goods and services unless restricted or
otherwise prohibited in specific Attachment( s), PERFORMING AGENCY agrees that it sbalI be responsible to
RECEIVING AGENCY for the performance of any subcontracted activity.
Contracts for procurement of goods and services shall be in writing and contain the following provisions:
· Administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as may be appropriate (contracts other than small
purchases).
. Remedies for prompt payment of any subcontractor pursuant to Texas Government Code, Chapter 2251,
Subchapter D,
. Termination for cause and for convenience by PERFORMING AGENCY including the manner by
which it will be effected and the basis for settlement (all contracts in excess ofSIO,OOO).
. Compliance with the Copeland "Anti-Kickback" Act (18 USC ~874) as supplemented in Department of
Labor regulations (29 CPR Part 3) (all contracts and BUbgrants for construction or repair).
. Compliance with ~~103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC ~~327-
330) as supplemented by Department of Labor regulations (29 CPR Part 5) (construction contracts
awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts
which involve the employment of mechanics or laborers).
. Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting,
. Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service
marks, copyrights, and patent rights with respect to any discovezy or invention which arises or is
developed in the course of or under such contract,
· RECENING AGENCY requirements and regulations pertaining to copyrights and rights in data.
. Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United
States, the State of Texas or any of their duly authorized representatives to any books, documents,
papers, and records of the contractor which are directly pertinent to that specific contract for the purpose
of making audit, examination, excerpts, and transcriptions.
. Retention of all required records for the required retention period after RECEIVING AGENCY makes
final payments and all other pending matters are closed.
(Fee-:for-Servicej
GENERAL PROVISIONS 612004
Page 12
241
. Compliance with all applicable standards, orders, or requirements issued lDlder &306 of the Clean Air
Act (42 USC S7401), S508 of the Clean Water Act (33 USC S 1368), Executive Order 1 1738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, sulx:ontracts, and sub grants
ofamoWlls in excess of$100,000).
. Mandatory standards and policies relating to efficiency which are contained in the state energy plan
issued in compliance with the Energy Policy and Conservation Act (p. L. 94-163), 42 USC SS6201 et
seq., as amended,
ARTICLE 19. Reoorts
PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
AGENCY in the fannat agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING
AGENCY and/or lffiSC other reportll including financial reports determined necessary to accomplish the
objectives of this contract and to monitor compliance, If PERFORMING AGENCY is legally prohibited from
providing such reports, it sha1J immediately notify RECEIVING AGENCY and/or mISC.
e
ARTICLE 20. Insuectlons
RECEIVING AGENCY, Health and Hwnan SerVices Commission (HHSC), and, when federal funds are
involved, any authorized representative(s) of the federal government have the right, at all reasonable times, to
inspect or otherwise evaluate the work (including reviews of client or patient records and discussions with staff)
performed by PERFORMlNG AGENCY and its subrecipient(s), if any, and the premises on which the work is
being performed. PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide
reasonable access, facilities, and assistance to the representatives, All inspections and evaluations will be
conducted in such a manner as will not lDlduly interfere with the work.
PERFORMING AGENCY (and any parent, affiliate or subsidiary organization, if such a relationship exists) and
its subrecipient(s), if any, shall give RECEIVING AGENCY, IDISC, the federal government, and the Texas
Stale Auditor, or any of their duly authorized representatives, access to any pertinent books, documents, papers,
and client or patient records, if any, for the purpose of making audit, examination, excerpts, and transcripts of
1nmsactions related to this contract. RECEIVING AGENCY and IDISC will have the right to audit billings
both before. and after payment. Payments will not foreclose the right of RECEIVING AGENCY and HHSC to
recover excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY and/or lffiSC upon examination of PERFORMING
AGENCY'S records will be conveyed in writing to PERFORMING AGENCY. PERFORMlNG AGENCY'S
resolution of findings will be conveyed in writing within thirty (30) days of receipt of the report of the
deficiencies, PERFORMING AGENCY'S resolution of findings will be sent to the agency(ies) referenced in
the cover letter of the report. A RECEIVING AGENCY and/or IDISC detennination of either an inadequate or
inappropriate resolution of the findings may result in sanctions which will remain in effect until RECEIVING
AGENCY and IDISC determines the deficiencies are properly remedied.
e
ARTICLE 21. Records Retention
PERFORMING AGENCY and its subrecipients and subcontractors shaIl retain medical records in accordance
with 22 Texas Administrative Code (TAC), Part 9, ~165.1(b)(c) or other applicable statutes and regulations
governing medical information. PERFORMING AGENCY shall retain and preserve all other records, including
financial records, which are generated or coIlected by PERFORMING AGENCY or its subrecipients or
subcontractors under the provisions of this contract, for a period of four (4) years after the termination of the
Attachment(s). If an Attachment is funded through Medicaid, the federal retention period, if more than four (4)
years, shall apply. PERFORMING AGENCY and its subrecipients shall retain all records for an Attachment
(Fee-for-ServicsJ
GENERAL PROVISIONS 612004
Page 13
e
242
e
e
e
that is the subject of litigation or an audit until the litigation is ended or all questions pertaining to the audit are
resolved, .
Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established
herein,
ARTICLE 22. Confidentiality of Protected Health information
PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and
confidentiality of patient and client records that contain protected health information, or other information made
confidential by law.
PERFORMING AGENCY is required to disclose protected health information of patients or clients provided
services funded through this contract to RECEIVING AGENCY upon request, Or as otherwise required in other
contract provisi~.
RECEIVING AGENCY is authorized to request, collect and receive protected health informatioo mlller this
contract, without the consent of the individual to whom the protected health information relates, for funding,
payment and adm;1:l;stration of the grant program.
RECENING AGENCY is also authorized to request, collect and receive protected health information under this
contract, without the consent of the individual to whom the protected health information relates, under
exceptions to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and
Accountability Act (HIP AA) and the Privacy Standards adopted to implement HIP AA at 45 CFR Parts 160 and
164, at ~164.5I2, and Occupations Code, Chapter 159, at ~~159.003 and 159.004.
PERFORMING AGENCY must maintain patient and client records in compliance with state laws relating to the
security and retention of medical or patient records. RECEIVING AGENCY may require PERFORMING
AGENCY to transfer original or copies of patient and client records to another entity, without the consent or
authorization of the patient or client, upon termination of this contract, or if the care and treatment of the
individual patient or client is transferred to another entity.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S policies based on the model IllV/AIDS (human immunodeficiency viruslacquired
immunOdeficiency syndrome) workplace guidelines, and PERFORMING AGENCY shaII educate employees
and clients concerning IllV and its related conditions, including AIDS, in accordance with the Health and Safety
Code, ~~85,I 12-114.
ARTICLE 23. Hold Harmless
PERFORMING AGENCY, as an independent contractor, agrees to hold RECEIVING AGENCY and/or the
federal government hanniess and to indemnify them from any and a1lllabiIity, suits, claims, losses, damages and
judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from
performance or nonperfonnance of PERFORMING AGENCY under this contract.
ARTICLE 24. Sanctions
RECEIVING AGENCY may impose sanctions for any breach of this contract, and will monitor PERFORMING
AGENCY for both programmatic and financial compliance. HHSC may impose or recommend imposition of
sanctions to RECEIVING AGENCY for any breach of this contract and will monitor PERFORMING AGENCY
for financial compliance. RECEIVING AGENCY may, at its own discretion, impose one or more sanctions
for each item of noncompliance and will detennine sanctions on a case-by-case basis, A state or federal statute,
(Fee-for~Service)
GENERAL PROVISIONS 6/2004
. Page 14
243
rule, regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule,
regulation, or guideline can be read together with the provisioo(s) of this Article to give effect to both.
RECENING AGENCY may:
A. Terminate all or a part of this contract. See the Termination Article in these provisions.
B.
Suspend all or part of this con1ract. Suspension is, depending on the context, either (1) the temporary
withdrawal of PERFORMING AGENCY'S authority to obligate fimds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the
contract, or (2) an action taken by a suspending official in accordance with agency regulations
implementing Executive Order 12549 to innnediately exclude a person from participating in contract
1ransactions for a period, pending completion of an investigation and such legal or debarment
proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by
PERFORMING AGENCY dwing a suspension are not allowable unless expressly authorized by the
notice of suspension;
e
C. Disallow (deny both use offimds and matching credit for) alLor part of the activities or action not in
compliance;
D. Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for
proper charges or obligations incurred, pending resolution of issues of noncompliance with con1ract
conditions or indebtedness to the United States or to the State of Texas;
E. PennanentIy withhold cash payments. Permanent withholding of cash payment means that
RECENING AGENCY retains ftmds billed by PERFORMING AGENCY or its subrecipient(s) for a)
unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to
comply with contract provisions; or c) indebtedness to the United States or to the State ofTexas;
F. Deny con1ract renewal or future contract awards to a PERFORMING AGENCY;
G. Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions
are pending resolution;
H. Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will
be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY;
e
1. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVlNG AGENCY than would
routinely be accomplished;
J, Require PERFORMING AGENCY to obtain teclmical or managerial assistance;
K. Disallow requests for payments by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. Establish additional prior approvals for expenditure of fimds by PERFORMING AGENCY;
M. Require additional, more detailed, financial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
(Fee-for-Service)
GENERAL PROVISIONS 6/2004
Page 15
e
244
e
e
e
N. DemaDdrepayment from PERFORMING AGENCY;
O. Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend
funds appropriately and at a rate which will make full use of the award, or to provide services as set
out in the Attachment( s); and
P. hnpose other remedies provided by law.
RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed
(with the exception ofacceIerated monitoring, which may be UIIlIiJIlOUnCed), stating the nature of the sanction(s),
the reasons for imposing them, the corrective actions which shaIl be taken before they will be removed and the
time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the
sanctions imposed, PERFORMING AGENCY is required to file, within fifteen (IS) days of receipt of notice, a
written response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of
such notice and stating how PERFORMING AGENCY shall correct the noncompliance or demonstrating in
writing that the findings on which the sanctions are based are either invalid or do not warrant the sanction(s), If
RECEIVING AGENCY determines that a sanction is WlIII'IIl1ted, and unless the sanction is subject to review
(see Sanction Review Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall
take corrective action.
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of this contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating
the reason for the emergency action.
An "emergency" is.defined as the following:
· PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the,
public or client health or safety. The direct adverse impact may be programmatic or financial,
impacting. health or safety by failing to provide services, providing inadequate services, providing
unnecessary services, or utilizing resources so that the public or clients do not receive the benefits
contemplated by the scope of work or performance measures;
. PERFORMING AGENCY fails to achieve a performance measure;
. PERFORMING AGENCY is paid or requesting payment for expenditures which are not in lWcordaoce
with applicable federaJ or state laws and regulations or the provisions of this contract; or
. PERFORMING AGENCY is expending funds inappropriately. .
Whether PERFORMING AGENCY'S conduct or inaction is an emergency will be determined by RECEIVING
AGENCY on a case-by-<:ase basis and will be based upon the egregious nature of the noncompliance or
conduct.
ARTICLE 25. Sanction Review
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all
or part of this contract, suspension of all or part of this contract, permanent withholding of cash payments,
reduction of funding or other amendment resulting from noncompliance, and denial of contract renewal or future
contract awards.
PERFORMING AGENCY shall make the request for review in writing to RECEIVING AGENCY within
fifteen (15) days from the date of notification by providing written notice of the dispute to the person who
signed the notification.
(Fee-for-Service)
GENERAL PRDVISIONS 612004
Page 16
245
"
PERFORMING AGENCY'S notice shall contain the following: (I) a copy of the letter from RECEIVING
AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the
basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an
identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any
documentation in support of PERFORMING AGENCY'S position; and (7) a statement and authorities in
support of PERFORMING AGENCY'S position.
Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the
following documents: (1) signature on delivery card; (2) confrrmation of a facsimile to the correct telephone _
number; or (3) signed acknowledgment of delivery. ,.,
RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the
issues in dispute, If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If
the dispute is not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in
writing, RECEIVING AGENCY will appoint a rcviewer(s), who will review the infonnation, who may permit
or require additional information and who may grant, deny, or modifY all relief requested in the written notice of
dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision
and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable
means, The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of
further proceedings.
A state statute or rule or a federal statute, regulation ar guideline will prevail over the provisions of this Article
lDI!ess the statute, rule, regulation or guideline can be read together with the provision or provisions of this
Article to give effect to both.
ARTICLE 26. Breach of Contract Claim
The process for a breach of contract claim provided for in Chapter 2260 of Texas Government Code and
implemented in the roles at 25 TAC ~~I.43I-I.447 shall be used by RECENING AGENCY and
PERFORMING AGENCY to attempt to resolve any claim for breach of con1ract made by PERFORMING
AGENCY, (This proCess is not applicable for governmental entities.)
A. PERFORMING AGENCY'S claims for breach of this con1ract that the parties can not resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260,
subchapter B, Texas Government Code. To initiate the process, PERFORMING AGENCY shall
submit written notice, as required by subchapter B, to RECEIVING AGENCY'S Office of General
Counsel. Said notice shall specifically stale that the provisions of Chapter 2260, subchapter B, are
being invoked. A copy of the notice shall also be given to all other representatives of RECEIVING
AGENCY and PERFORMING AGENCY otherwise entitled to notice under this con1ract.
Compliance by PERFORMING AGENCY with subchapter B is a condition precedent to the filing of
a contested case proceeding under Chapter 2260, subchapter C, Texas Government Code.
e
B. The contested case process provided in Chapter 2260, subchapter C, Texas Government Code is
PERFORMING AGENCY'S sole and exclusive process for seeking a remedy for any and all alleged
breaches of con1ract by RECEIVING AGENCY if the parties are unable to resolve their disputes
under subparagraph A, of this paragraph.
C, Compliance with the contested case process provided in subchapter C is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Code. Neither the execution of this contract by RECEIV1NG AGENCY nor any other conduct of any
(Fee-[or-ServU:e)
GENERAL PROVISIONS 612004
Page 17
e
246
e
e
e
"
representative of RECEIVING AGENCY relating to this contract shall be considered a waiver of
sovereign immunity to suit.
Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of
performance by PERFORMING AGENCY, in whole or in part.
ARTICLE 27. Termination
Each Attachment shalI terminate upon its expiration date unless extended by written amendment in accordance
with the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract roay be
terminated with or without cause as set out below.
A. Termination is the pennanent withdrawal of PERFORMING AGENCY'S authority to obligate
previously awarded fimds before that authority would otherwise expire or the voluntary
relinquishment by PERFORMING AGENCY of the authority to obligate previously awarded fimds,
PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY
after termination of an award are not allowable unless expressly authorized by the notice of
termination. Termination does not include: (I) withdrawal of fimds awarded on the basis of the
PERFORMING AGENCY'S underestimate of the unobligated balance in a prior period;. (2)
withdrawal of the unobligated balance as of the expiration of an Attachment; (3) refusal to extend an
Attachment or award additional fimds, to make a competing or noncompeting continuation, renewal,
extension, or supplemental award; or (4) voiding of a contnict upon determination that the award was
obtained fraudulently, or was otherwise illegal or invalid from inception.
B. Termination without cause.
(I) Either party may terminate this contract with at least ninety (90) days prior written notice to
the other party.
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least thirty (30) days prior written notice to the
other party in the event state and/or federal fimding for this contract is terminated, limited,
suspended, withdrawn, or discontinued,
(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of
RECEIVING AGENCY, termination is in the best interest of the State of Texas.
C.
Termination for cause.
(I) Either party may terminate for material breach of this contract with at least thirty (30) days
written notice to the other party.
(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract
or for any other conduct that jeopardizes the contract objectives, by giving at least thirty (30)
days written notice to PERFORMING AGENCY. Such' conduct may include one or more of
the following:
(a) A court of COmpetent jurisdiction finds that PERFORMING AGENCY has failed to
adhere to any laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails
to allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the perfonnance of this contract;
(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
(Fee-for-&rvice)
GENERAL PROVISIONS 612004
Page 18
247
(d)
RECENING AGENCY determines that PERFORMING AGENCY is without the
personnel or resources to perform IUlder this contract;
RECEIVlNG AGENCY determines that PERFORMING AGENCY, its agent or
another representative offered or gave a gratuity (e.g., an entertainment or gift) to an
official or employee of RECEIVlNG AGENCY for the p1.lIpOse of obtaining a contract
or favorable treatment;
PERFORMING AGENCY'S management system does not meet the UGMS
management standards; or
PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
(e)
(I)
(g)
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts
generally as they become due;
(iv) If judgment for the payment of money in excess of $50,000 (which is not
covered by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a)
discharge the judgment or (b) provide for its discharge in accordance with its
terms, or (c) procure a stay of execution within thirty (30) days from the date of
entry thereof, and within the thirty (30) day period or a longer period during
which execution of the judgment shall have been stayed, appeal therefrom and
cause the execution thereof to be stayed during such appeal while providing such
reserves therefore as may be required under generally accepted accounting
principles;
(v) A writ or warrant of attachment or any similar process shall be issued by any
court against all or any material portion of the property of PERFORMING
AGENCY, and such writ or warrant of attachment or any similar process is not
released or bonded within thirty (30) days after its entry;
(vi) PERFORMING AGENCY is adjudicated bankrupt or insolvent;
(vii) PERFORMING AGENCY files a case under the Federa! Bankruptcy Code or is
seeking relief under any provision of any bankruptcy, reorganization,
arrangement, insolvency, readjustment of debt, dissolution, receivership or
liquidation law of any jurisdiction, whether now or hereafter in effect, or
consents to the filing of any case or petition against it under any such law;
(viii) Any property or portion of the property of PERFORMING AGENCY is
sequestered by court order and the order remains in effect for more than thirty
(30) days after PERFORMING AGENCY obtains knowledge thereof;
(ix) A petition is filed against PERFORMING AGENCY under any state
reorganization, arrangement, insolvency, readjustment of debt, dissolution,
liquidation, or receivership law of any jurisdiction, whether now or hereafter in
effect, and such petition is not dismissed within thirty (30) days; or
(x) PERFORMING AGENCY consents to the appointment of a receiver, trustee, or
liquidator of PERFORMING AGENCY or of all or any part of its property.
D. Emergency termination. In emergency circumstances, RECEIVING AGENCY may terminate this
contract immediately upon notice to PERFORMING AGENCY by any verifiable means.
"Emergency" is defined in the Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives
notice of its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING
AGENCY will attempt to resolve any issues related to the anticipated termination in good faith during the notice
(Fee-fol'-Service)
GENERAL PROVISIONS 6/2004
Page 19
248
,
e
e
e
e
e
Ie
"
period. Uponlennination of all or part of this con1ract, RECEIVING AGENCY and PERFORMING AGENCY
wiIl be discbiu;gi:d from any finther obligation created under the applicable ,terms of this contract except for the
equitable sett1CmcntQfthe respective aCC11U:d interests or obligations inCW'l'Cd prior to termination. Termination
docs not, however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations
of PERFORMlNG AGENCY to retain records and maintain confidentiality of information shall survive this
contract.
ARTICLE 28. Void Contract
RECENlNG AGENCY may hold this contract void upon determination that the award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 29. Severabilltv
If any provision of this con1ract is cOns1nied to be ilIegal or invalid, the illegal or invalid provision will be
deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will
continue.
ARTICLE 30. Survival of Terms
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination
or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any
such termination or expiration.
ARTICLE 31.. Construction of Ambimides
The parties expressly agree that they have each independently read and understood this con1ract. Any
ambiguities in this contract shall not be construed against the drafters.
ARTICLE 32. No Waiver of Sovereimlmmunitv
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRAcr IS IN ANY
WAY INTENDED TO CONSTITUTE A WAIVER BY RECEIVING AGENcy OR THE STATE OF
TEXAS OF ANY IMMUNITIEs FROM SUIT OR FROM LIABILITY THAT RECEIVING AGENCY
OR THE STATE OF TEXAs MAY HAVE BY OPERATION OF LAW.
(Fee-jor-Servia)
GENERAL PROVISIONS 612004
Page 20
249
e
CONTRACT FOR PUBLIC HEALTH SERVICES
Contract Issued by: DEPARTMENT OF STATE HEA.lTH SERVICES
(RECEIVING AGENCY) 1100 WEST 49111 STREET
AUSTIN, TEXAS 78756-3199
DSHS DOCUMENT NO, 7460019239 2006
PF
Legal Authority to Contract:
Chapters 12 and 121, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County,
Texas.
PERFORMING AGENCY NAME: CA.lHOUN COUNTY HEA.lTH DEPARTMENT
MAILING ADDRESS: 117 WASH ST PORT LA V ACA TX 77979-2912
STREET ADDRESS: 117 WASH ST PORTLAVACA TX 77979-2912
NAME OF AUTHORIZED
CONTRACTING ENTITY: CALHOUN COUNTY
(If different from PERFORMING AGENCY)
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTIIORIZED CONTRACTING ENTITY; must be on file with the Texas State
Comptroller's Office.):
NAME: CALHOUN COUNTY TREASURER
ADDRESS: COURTHOUSE ANNEX PORT LA V ACA TX 77979-4210
(City, State, Zip)
State of Texas Vendor Identification No. (14 digits)
17460019239004
PAYEE AGENCY Fiscal
Year Ending Month: December
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
Small Business. A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is
independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts.
Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a
profit in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have
been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American,
Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by Texas Building and
Procurement Commission or another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 - Receiving and Performing Agency Data
COVER PAGE 2. Details of Attachment(s)
COVER PAGE 3 ~ Authorized Signatures
GENERAL PROVISIONS - 6/2004
ATTACHMENT(S)
EXHIBITS, IF APPLICABLE
Cover Page 1
e
250
e
e
e
.
DET AILS OF A TT ACHMENTS
Att/ DSHS Program IDI Term Financial Assistance Direct Total Amount
Amd DSHS Purchase Assistance (DSHS Share)
No, Order Number Begin End Source of Amount
Funds *
01 RLSSILPHS 09/01/05 02/28106 State 20,318.00 0,00 20,318,00
0000309891
DSHS Document No, 7460019239 2006 Totals $ 20,318,00 $ 0,00 $ 20.318,0011
*Federal funds are indicated by a number from the Catalog of FederaJ Domestic Assistance (CfDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
251
EXECUTED IN ;oUPLICA TE ORIGINALS ON THE DATES SHOWN.
CALHOUN COUNTY
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME: RECEIVING AGENCY NAME:
CALHOUN COUNTY HEALTH DEPARTMENT DEPARTMENT OF STATE HEALTH
SERVICES
Michael J. Pfeifer. Calhoun Conntv ,Tudge
(Name and Title)
Dffie: Sentember 14. 2005
RECOMMENDED:
By:
~~~-
(PERFORMING AGENCY Director, if different '
from person authorized to sign contract)
By:
(Signature of person authorized to sign contracts)
Bob Burnette, Director
Client Services ContractinQ" Unit
(Name and Title)
Date:
DSHS Document No: 74600192392006
Cover Page 3
252
e
e
e
e
e
e
DOCUMENT NO. 7460019239-2006
ATTACHMENT NO. 01
PURCHASE ORDER NO, 0000309891
PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: REGIONAL AND LOCAL SERVICES SECTION
TERM: September 01,2005 THRU: February 28,2006
SECTION 1. SCOPE OF WORK:
PERFORMING AGENCY shall improve or strengthen local public health infr~cture within
the State of Texas by: _
. Developing objective(s) to address a public health issue;
. Utilizing resources provided through this contract Attachment to conduct activities
and services that provide or support the delivery of essential public health services;
. Assessing, monitoring, and evaluating the essential public health activities and
services provided through this contract Attachment; and
. Developing strategies to improve the delivery of essential public health service(s) to
identified service area,
These tasks shall be performed in accordance with PERFORMING AGENCY'S FY 05Local
Public Health System (LPHS) Service Delivery Plan, dated May 27, 2004.
The assessment and/or evaluation activities must include a standard that is identified in
PERFORMING AGENCY'S FY 05 LPHS Service Delivery Plan. Acceptable standards include
the National Public Health Performance Standards approved by the Centers for Disease Control
and Prevention. Performance Standards developed by the Texas Association of Local Health
Officials, Healthy People 2010, and any federal, state or local law or regulation governing the
delivery of essential public health services. Other evaluation methods utilizing standards not
listed in this contract Attachment must be pre-approved by RECEIVING AGENCY.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations and standards including, but not limited to, the following:
. Chapter 23-11 of the Healthy People 2010;
. Section 121.002, Texas Health & Safety Code, definition of ten essential public health
services; and
. Government Code, Section 403,1055. "Permanent Fund for Children and Public Health".
· Texas Administrative Code, Title 25, Chapter 83, Subchapter A "Permanent Fund for
Children and Public Health",
ATTACHMENT-Page I
253
PERFORMING AGENCY shall comply with all applicable regulations, standards, and
guidelines in effect on the beginning date of this contract Attachment.
PERFORMING AGENCY may not use funds from the Permanent Fund for Children and Public
Health for lobbying expenses under the Government Code, Section 403.1067.
RECEIVING AGENCY shall inform PERFORMING AGENCY in writing of any changes to
applicable federal and state laws, rules, regulations, standards and guidelines, PERFORMING
AGENCY shall comply with the amended law, rule, regulation, standard or guideline except that
PERFORMING AGENCY shall inform RECEIVING AGENCY Program in writing if it shall
not continue performance under this contract Attachment within thirty (30) days of receipt of an
amended standard(s) or guideline(s). RECEIVING AGENCY may terminate the contract
Attachment immediately or within a reasonable period of time as determined by RECEIVING
AGENCY.
e
PERFORMANCE MEASURES
PERFORMING AGENCY shall complete the PERFORMANCE MEASURES as stated in the
FY05 LPHS Service Delivery Plan, and as agreed upon by RECEIVING AGENCY, and hereby
attached as Exhibit A.
PERFORMING AGENCY shall continue performing actlVItJes from the FY 2005 Service
Delivery Plan during the period from September 1, 2005 through amendment of this contract
Attachment. To the extent that the FY 2005 Service Delivery Plan contained quantifiable
deliverables. PERFORMING AGENCY shall produce a pro-rated number of these deliverables
during the period from September 1, 2005 through amendment of this contract Attachment.
PERFORMING AGENCY shall provide activities and services as submitted by PERFORMING
AGENCY and approved by RECEIVING AGENCY in the FY06 LPHS Service Delivery Plan in
the following county(ies)/area: Calhoun.
SECTION II. SPECIAL PROVTSTONS:
e
General Provisions, Reports Article, is revised to include the following paragraphs:
PERFORMING AGENCY shall submit quarterly progress reports which describe progress
toward completing the activities and services contained in PERFORMING AGENCY'S
FY06 LPHS Service Delivery Plan and any written revisions, PERFORMING AGENCY
shall submit the first. second and third quarter's progress reports to RECEIVING AGENCY
no later than thirty (30) days after the end of each quarter, and the final report and
improvement plan to RECEIVING AGENCY sixty (60) days after the end of this contract
Attachment term in a format specified by RECEIVING AGENCY.
ATTACHMENT - Page 2
e
254
PERFORMING AGENCY shall submit an Annual Budget and Expenditures Report in a
format specified by and to RECENING AGENCY by December 15, 2005.
e
e
A IT ACHMENT - Page 3
e
255
SECTION ill. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUlPMENT
SUPPLIES
CONTRACTUAL
OTHER
TOTAL
Total reimbursements will not exceed $20,318.00.
Financial status reports are due the 30th of December, and the 30th of May.
ATTACHMENT - Page 4
$20,318,00
0,00
0.00
0.00
0,00
0,00
0,00
$20,318.00
256
e
e
e
.
Exhibit A
PERFORMANCE MEASURES:
PERFORMING AGENCY: Calhoun County Health Department
e
Objective #1: PERFORMING AGENCY shall increase immunization rates for
all citizens,
Performance Measure: 90% of requests for immunization clinics by schools,
day cares, community-based organizations, businesses and other groups are
fulfilled,
e
Exhibit A - Page I
e
257
.
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE HEALTH SERVICES SUBRECIPIENT GRANT CONTRACTS
TABLE OF CONTENTS
ARTICLE 1 - PREAMBLE
; = :ING -
4 - AMENDMENTS. ,.,
.5 - APPLICABLE LAWS AND STANDARDS
6 - DEBARMENT ANDSUSPENSIONS
7 - ASSURANCES
8 - CHILD ABUSE REPORTING REQUIREMENTS
9 - INTELLECTUAL PROPERTY
10 .. - mSTORICALLY UNDERUTILIZED BUSINESSES
11 - CONFLICTOFINTEREST
12 - CERTlFICATIONOFSOFfWARE, HARDWARE, FIRMWARE, AND
MICRO C(}DEPROnUCTS
13 - STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT
14 BONDlNG
15 FUNDING PARTICIPATION REQUIREMENT
16 ALLOWABLE COSTS AND AUDIT REQUIREMENTS
17 - TERMSANDCONDmONSOFPAYMENT
18 - ADVANCE PAYMENTS
19 - PROGRAM INCOME
20 - OVERTIME COMPENSATION
21 - EQUIPMENT AND SUPPLIES
22 - CONTRACTS WITH SUBRECIPIENTS
23 - CONTRACTS FOR PROCURMENT
24 - REPORTS
25 - INSPECTIONS
26 RECORDS RETENTION _
i~ = ~Zv~~~~ITYOFPROTECTEDHEALTiIINFORMAlWN ,.,
29 - SANCTION REVIEW
30 - BREACH OF CONTRACT CLAIM
31 TERMINATION
32 VOID CONTRACT
33 - SEvERABILITY. .
34 - LOCAL HEALm DEPARTMENT PERSONNEL
35 - SURVIVAL OF TERMS
36 CONSTRUCTION OF AMBIGUITIES
37 NO WAIVER OF SOVEREIGN IMMUNITY
38 - CERTIFICATION
Paper Publications Number: 29-11834, Revised June 2004
(LGS)
GENERAL PROVISIONS 6/2004
e
258
e
e
e
Any alteration to this document constitutes a counter-offer and must be approved in writing by the Department of State Health
Services.
GENERAL PROVISIONS FOR
DEPARTMENT OF STATE BEALTHSERVICES SUBRECIPIENT GRANT CONTRACTS
ARTICLE 1, Preamble
PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grant contract
(contract), to faithfully perform the duties prescribed by this contract, and to uphold and abide by its terms and
provisions. This contract consists of:
. RECEIVING and PERFORMING AGENCY identifYing data,
. Details of Attachment(s),
. authorized signatures,
. General Provisions, and
. Attachment(s),
Attachments may include the following elements as applicable:
. detailed Scope(s) of Work,
. Special Provisions,
. budget(s), and
. exhibit(s).
This contract represents the complete and entire understanding and agreement of the parties. No prior agreement or
understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this
contract. The terms "shall" and "will" are used interchangeably in this contract.
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee that
he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract for PERFORMING
AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions are
revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to comply with
the modified General Provisions, PERFORMING AGENCY may exercise its tennination options in accordance with
the General Provisions, Termination Article,
ARTICLE 2. Term
The term (time period) of this contract shall be governed by the term(s) of the Attachment(s), No commitment of
contract funds is permitted priorto the first day or subsequent to the last day of the term. The tenn may be re>newed,
extended or shortened by amendment(s).
(LGS)
GENERAL PROVISIONS 6/2004
Pagel
259
ARTICLE 3. Fundinl!
This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriations act,
health and human services agency consolidations, or any other disruption of current appropriations, provisions of the
Tennination Article shall apply.
ARTICLE 4, Amendments
Amendments to this contract must be in writing and signed by individuals with authority to bind the parties,
e
Uniform Grants Management Standards and RECEIVING AGENCY procedures authorize limited changes to a
contract attachment with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must
. submit request in format prescribed by RECEIVING AGENCY Program, RECEIVING AGENCY will consider the
request and document approval or disapproval in writing. PERFORMING AGENCY is responsible for ensuring that
any modification to a contract Attachment becomes a part of the contract file.
RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment
executed in compliance with this Article, PERFORMING AGENCY shall not perform and RECEIVING
AGENCY will not pay for the performance of different or additional services, work, or products except pursuant
to an amendment that is executed in compliance with this Article,
PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are
executed no later than ninety (90) days prior to the expiration of the Attachment term. PERFORMING AGENCY
shall provide a written justification for any budget revisions and/or amendments. If a budget revision or amendment
is requested during the last quarter of the Attachment term, the written justification shall include a reason for the
delay. Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY.
ARTICLE 5, Applicable Laws and Standards
This contract shall be interpreted under and in accordance with the laws.ofthe State of Texas and enabling state rules,
Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sources, shaH apply to this contract. PERFORMING AGENCY agrees to comply with the Uniform Grant
Management Act (DGMA), Texas Government Code, Chapter 783, as amended, and the Uniform Grant Managernent
Standards (DGMS) as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and
Planning Office. UGMA is located on the Internet at http://www.canito1.state.tx.us/statuteslstatutes.htmI;theUGMS
are located on the Intemelat http://www.governor.state.tx.us/stategrants/.
e
PERFORMING AGENCY shall not use funds granted under this contract to pay any person for influencing or
attempting to influence an officer or employee of any agency, federal or state, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any contract or
grant or the extension, continuation, renewal, amendment, or modification of any contract or grant (31 USC S 1352, as
amended, and UGMS), If at any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY
shaH file with RECEIVING AGENCY a declaration containing the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on behalf ofPERFORMlNG AGENCY in connection with
that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY have been or will be
used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom
PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or
receives a subgrant or subcontract to file the same declaration, certification and disclosure with RECEIVING
AGENCY. PERFORMlNG AGENCY shall file the declaration, certification, and disclosure at the time of
application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY
(LGS)
GENERAL PROVISIONS 6/2004
Page 2
e
260
e
e
e
previously filed a declaration, certification or disclosure form in connection with the award; and at the end of each
calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in
any declaration, certification or disclosure previously filed. RECEIVING AGENCY will supply the certification f01ll1
to PERFORMING AGENCY upon request.
ARTICLE 6. Debarment and Susnension
PERFORMING AGENCY certifies by execution of this contract to the following:
. It is not ineligible for participation in federal or state assistance programs under Executive Order 12549,
Debarment and Suspension, Feb. 18, 1986, 51 Fed. Reg, 6370;
. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency;
. It has not knOwingly failed to pay a single substantial debt or a number of outstanding debts 10 a federal or
state agency; and,
. It is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of the
balance of a debt.
Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation. If PERFORMING AGENCY'S status with respect to the items certified above
changes during the contract term, PERFORMING AGENCY shall notify RECEIVING AGENCY immediately.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services frqn a subcontraclor,
at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549.
ARTICLE 7. Assurances
PERFORMING AGENCY shaIl establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of interest or persona! gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully
comply with the foIl owing:
. Title VI of the Civil Rights Act ofl964, 42 USC gg2000d et seg., as amended (p.L. 88-352), which prohibits
discrimination on the basis of race, color or national origin, and includes the provision for effective
communication and equal aCcess 10 programs, services and activities to persons with Limited English
Proficiency (LEP);
. Title IX of the Education Amendments ofl972, 20 USC gg 1681-1683, and 1685-1686, as amended, which
prohibits discrimination On the basis of sex;
. Section 504 of the Rehabilitation Act ofl973, 29 use g794(a), which prohibits discrimination on the basis of
disabilities and the Americans with Disabilities Act of 1990,42 USC gg 121 0 I et seg., including the provision
for effective communication and equal access to' programs, services and activities 10 persons with sensory and
speech impairments;
. The Age Discrimination Act of 1975, 42 USC g g61 0 1-61 07, as amended, which prohibits discrimination on
the basis of age;
. The Drug Abuse Office and Treatment Act of 1972,21 USC ggl IOI et seq., as amended, relating 10
nondiscrimination on the basis of drug abuse;
. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
42 use g290dd (b )(1), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism;
(LGS)
GENERAL PROVISIONS 6/2004
Page 3
261
. Public Health Service Act of 1912, 99523 and 527, 42 USC S290dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
. Title VITI of the Civil Rights Act of1968, 42 USC 99360 1 et seq" as amended, relating to nondiscrimination
in the sale, rental or financing of housing;
. The requirements of any other nondiscrimination statute(s); and
Collectively, such requirements obligate RECENING AGENCY to provide services without discrimination on the
basis ofrace, color, national origin, religion, age, sex or disability. PERFORMING AGENCY shall carry out the
tenns of this contract in a manner which will assist RECENING AGENCY in complying with such obligations to the a
fullest extent of PERFORMING AGENCY'S ability, .
PERFORMlNG AGENCY agrees to comply with all or part of the following, as applicable:
A. Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the basis of race,
color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC S 1324a, as amended, regarding employment
verification and retention of verification forms for any individual(s) hired on or after November 6, 1986,
who will perform any labor or services under this contract.
C, Pro-Children Act of 1994, 20 USC SS6081-6084, regarding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products,
D. The National Research Service Award Act of 1971, 42 USC ss289a- I et seq" as amended, and 6601 (p.L.
93-348 and P,L. 103-43), as amended, regarding the protection of human subjects involved in research,
development, and related activities supported by any applicable award of federal assistance, as
implemented by 45 CFR Part 46, Protection of Human Subjects,
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC g263a, as amended, which establish
federal requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR
gI91O.1030, which set safety standards for those workers and facilities in the private sector who may
handle blood borne pathogens, or Title 25 Texas Administrative Code (TAe), Chapter 96, which affects
facilities in the public sector,
G. Laboratory Animal Welfare Actofl966, 7 USC gg2131 et seq. (p,L. 89-544), as amended, pertaining to
the care, handling,' and treatment ofwann-blooded animals held forresearch, teaching, or other activities
supported by this award of assistance,
H, Texas Government Code, Chapter 469, as amended, pertaining to standards which eliminate architectural
barriers for persons with disabilities.
1. Health and Safety Code, Chapter 165, relating to the rights of mothers to breast-feed and the promotion of
breast-feeding. RECENING AGENCY will support PERFORMING AGENCY in complying by
providing promotional material and infonnation that encourages breast-feeding to program participants
who are pregnant women or mothers with infants, Promotional material may be requested from
RECENING AGENCY by calling (512) 458-7796.
rLGS)
GENERAL PROVISIONS 6/2004
Page 4
262
e
e
(1)
(2)
(3)
(4)
e (5)
(6)
(7)
(8)
J. Environmental standards pursuant to the following:
Institution of environmental quality control measures under the National Environmental Policy Act
of 1969,42 USC ~~432I-4347 and Executive Order 11514 (35 Fed, Reg. 4247), "Protection and
Enhancement of Environmental Quality."
Notification of violating facilities pursuantto Executive Order 11738 (40 CFR Part 32), "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to
Federal Contracts, Grants, or Loans."
Protection of wetlands pursuant to Executive Order 11990,42 Fed. Reg. 26961.
Evaluation of flood hazards in floodplains in accordance with Executive Order I 1988,42 Fed. Reg.
26951.
Assurance of project consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972, 16 USC ~~145I et seq" as amended
Conformity of federal actions to state clean air implementation plans under the Clean Air Act of
1955, as amended, 42 USC ~F401 et seq.
Protection of underground sources of drinking water under the Safe Drinking Water ActofI974, 42
USC ~~300f-300j, as amended.
Protection of endangered species under the Endangered Species Act of 1973, 16 USC ~~1531 et
seg., as amended.
K. The Hatch Political Activity Act, 5 USC ~S7321-26, which limits the political activity of employees whose
principal employment activities are funded in whole or in part with federal funds,
L. The Fair Labor Standards Act, 29USC 9920 I el seg., and the Intergovernmental Personnel Act ofI 970, 42
USC ~~4701 el seg., as applicable, concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 78th Legislature, 2003, Article 99-6.13, page IX-35,
"Limitation on Grants to Units of Local Government." For the purpose of 99-6.13, "unit of local
government" shall mean a council of governments, a regional planning commission, or a similar regional
planning agency created under Chapter 391, Local Government Code; a local workforce development
board; or an MHMR cornmunity center,
N, Texas Government Code, Chapter 573, relating to nepotism.
e
O. Texas Government Code, Chapter 552, relating to open records and public infonnation.
p, Texas Government Code, Chapter 551, relating to open meetings.
Q, Texas Occupations Code, Chapter 1701, as amended, and all rules adopted by the Texas Commission on
Law Enforcement Officer Standards and Education pursuant to Chapter 1701, as amended, relating to
regulated law enforcement agencies.
PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the Director
of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA (Executive Order [[738).
PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC 994001-4003, as amended. Section 102(a) requires the purchase offlood
insurance in communities where the insurance is available as a condition for the receipt of any federal financial
(LGS)
GENERAL PROVISIONS 612004
Page 5
e
263
assistance for construction or acquisition proposed for use in any area that has been identified by the SecretaJy of the
U. S, Department of Housing and Urban Development as an area having special flood hazards.
If PERFORMING AGENCY provides medical, dental, psychological or surgical treatment to a minor under this
contract, either directly or through contracts with subrecipients, the treatment of a minor shall be provided only if
consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consentto treatment of a
child by a non-parent or child. Ifrequirements offederal law relating to consent directly conflict with Chapter 32 of
the Family Code, federal law shall supersede state law.
If PERFORMING AGENCY provides immunizations, PERFORMING AGENCY shall comply with all
immunization reporting guidelines and requirements set forth in the Health and Safety Code. Chapter 16 I, Subchapter
A. This requirement shall also apply to subrecipients or subcontractors of PERFORMING AGENCY, if any,
e
PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401-406, and rules promulgated thereunder found at 28 Texas Administrative Code (TAC), Part 2,
which cover compensation for employees' injuries.
When incorporated into an Attachment. standard assurances contained in the application package, if any, become
tenus or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients
shall maintain an appropriate contract administration system to insure that all tenus, conditions, and specifications are
met.
PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 8. Cbild Abuse ReDortinl! Reauirements
[PERFORMING AGENCY is required to comply with this article only as related to services provided under the
following Attachments: Human Immunodeficiency Virus and Sexually Transmitted Diseases (all direct client
care services for HIV and other sexually transmitted diseases fUnded under the Ryan White CARE Acl Title II or
general revenue), Title V Family Planning (ACFH/FEE-FP, Title X Family Planning (BWHITITLE X), Title XX
Family Planning (BWHiITLXX), Primary Health Care (ACFH/PHC), Title V Maternal and Child Heallh
(ACFH/FEE), Special Supplemental Nutrition Program for Women, Infants. and Children (BNSIWIC-CARD,
and the Services Delivery Integration project (SDI/FFS).] PERFORMING AGENCY and each of its
subrecipients shall make a good faith effort to comply with child abuse reporting guidelines and requirements in
Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect.
PERFORMING AGENCY and each of its subrecipients shall develop, implement and enforce a written policy
that includes at a minimum the IDH Child Abuse Screening, Documenting, and Reporting Policy for
ContractorslProviders and train all staff on reporting requirements. PERFORMING AGENCY and its
subrecipients shall use the Checklist for IDH Monitoring as required by RECEIVING AGENCY. (The policy
and checklist are available at each of the above-referenced programs' websites.)
e
ARTICLE 9. Intellectual ProDertv
Texas Health and Safety Code ~ 12.020, as amended, authorizes RECEIVING AGENCY to protect intellectual
property developed as a result of this contract.
(LGS)
GENERAL PROVISIONS 6/2004
Page 6
e
264
e
e
e
"Intellectual property" means created property that may be protected under copyright, patent, or trademark/service
mark law.
"Work made for hire" is a copyrightable work prepared for RECENING AGENCY use, or a work specially ordered
or commissioned through a contract for RECENING AGENCY use. RECEIVING AGENCY owns works made for
hire unless it agrees otherwise by contract.
Iffederal or state funds are used to finance activities supported by this Contract that result in the production of
original material, the federal or state awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for federal or state government purposes (I) the
copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of
copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support,
PERFORMlNG AGENCY shall place an acknowledgment of federal or state awarding agency grant support and a
disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any
publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect
that "This publication was made possible by grant number _ from (federal Or state awardinl! al!ency)" or "The
project described was supported by grant number _ from (federal or stale awardinl! al!ency)" and "Its contents
are solely the responsibility of the authors and do not necessarily represent the official views of the (federal Or state
awardine aeencv)."
In the event the tenus of a federal or state grant award the copyright to PERFORMING AGENCY, RECENING
AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
purposes (l) the copyright, trademark, service mark, and/or patent On an invention, discovery, or improvement to any
process, machine, manufacture, or composition of matter; products; technology; scientific infonnation; trade secrets;
and computer software, in any work developed under a gran~ subgrant, or contract under a grant or subgrant; and (2)
any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a PERFORMING
AGENCY purchases ownership with grant support.
If the results of the contract performance are subject to copyright law, the PERFORMING AGENCY carmot publish
those results without prior review and approval of RECEIVING AGENCY.
ARTICLE 10, Historicallv UnderutiJized Businesses
If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBs during the performance of its contract Attachment(s) with RECENING
AGENCY and will report HUB subcontract activity on a quarterly basis to RECENING AGENCY.
ARTICLE 11. Confljct of Interest
PERFORMING AGENCY does not have nOr will it acquire any interest that would conflict in anymanner with the
performance of its obligations under this contract. Potentia! conflicts of interest include an existing business or
personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with
RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in anyway
in any project that is the subject of this contract.
ARTICLE 12. Certification of Software. Hardware. Firmware and Micro Code Products
PERFORMING AGENCY certifies that any supplied or supported software, hardware, fIrmware, and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall
(LGS)
GENERAL PROVISIONS 612004
Page 7
265
operate "accurately" in the manner in which they were intended when given a "valid date" containing century, year,
month, and day,
For purposes of this Article, "supplied or supported software, hardware, finnware, and micro code products" does not
include software supported by RECENING AGENCY or an agency of the federal government.
PERFORMlNG AGENCY is responsible for installing and implementing any versions of any software provided by
RECENING AGENCY or an agency of the federal government which is used in performance of this contract.
For purposes of this Article,
A) "accurately" is defined to include the following:
e
1) calculations shall be correctly performed using four.digit year processing;
2) functionality.on.line, batch including entry, inquiry, maintenance and updates shall support four-
digit year processing;
3) interfaces and reports shall support four-digit year processing;
4) processing with a four-digit year shall occur without human intervention;
5) correct results in forward and backward date calculation spanning century boundaries shall be
provided;
6) correct leap year calculations shall be performed; and,
7) processing correct results in forward and backward date calculation spanning century boundaries
shall occur;
B) "date integrity" shall mean all manipulations of time-related data (dates, durations, days of week, etc,) shall
produce desired results for all valid date values within the application domain;
C) "explicit century" shall mean date elements in interfaces and data storage permit specifYing century to
eliminate date ambiguity;
D) "extraordinary actions" shall be defmed to mean any action outside the nonnal documented processing
steps identified in the product's reference documentation;
E) "general integrity" shall mean no value for current date will cause interruptions in desired operation;
F) "implicit century" shall mean for any data element without century, the correct century is unambiguous for
all manipulations involvlng that document;
e
G) "product" or "products" shall be defmed to include, but is not limited to, any supplied or supported
hardware, software, firmware and/or micro code;
H) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year.
PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendorllicensor from which it
obtains product( s), that product( s) delivered and installed under the contractllicense shall accurately process valid date
data when used in accordance with the product documentation provided by the contractor/Iicensor and require no
extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). Products under
the contractllicense shall possess general integrity, date integrity, explicit and implicit century capabilities, If the
contractllicense requires that specific products shall perform as a system in accordance with the foregoing warranty,
then the warranty shall apply to those listed products as a system. The duration of this warranty and the remedies
available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and
subject to, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the
(LGS)
GENERAL PROVISIONS 6/2004
Page g
e
?,66
e
e
e
contractllicense; provided, that notwithstanding any provision to the contrary in such commercial warranty or
warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shaIl include repair or
replacement of any supplied product if its noncompliance is discovered and made known to the contractorllicensor in
writing within ninety (90) days after final accOptance. Nothing in the warranty shaIl be considered to limit any rights
or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contractllicense.
RECENING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 13. Standards for Financial and PrOl!rammatic Manal!ement
PERFORMING AGENCY shaIl develop, implement, and maintain financial management and control systems that
meet or exceed the requirements ofUGMS and adhere to procedures detailed in RECENING AGENCY'S Financial
Administrative Procedures Manual (documents available at http://www.tdh.state.tx.usJgrants/fonn_doc.htm). Those
requirements shall include at a minimum:
A. Financial planning, including the development of budgets that adequately reflect all functions and
resources necessary to cany out authorized activities and the adequate determination of costs;
B, Financial management systems including accurate, correct, and complete accOlmtingrecords, that identify
the source and application of funds provided under each Attachment, and that support the infonnation
contained in required financial reports; cost source documentation; effective internal and budgetary
controls; determination of reasonableness, allowableness, and allocability of costs; and timely and
appropriate audits and resolution of any findings; and,
C. Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts to collect from patients and third parties.
PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before
submitting any request for reimbursement to RECEIVING AGENCY. A third party payer is any person or entity who
has the legal responsibility for paying all or part of the services provided, including commercial health or liability
insurance carriers, Medicaid, or other federal, state, local and private funding sources. Third party billing functions
shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its
subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services authorized by the
Attachment(s).
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
progranunatic management. Such responsibility shall include: accountability for all funds and materials received
from RECENING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements,
ARTICLE 14. Bondinl!
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds, The fidelity bond, insurance, or self-insurance shall provide for indenmification oflosses occasioned by: I)
(LGS)
GENERAL PROVISIONS 612004
Page 9
267
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either
individually or in concert with oiliers, andlor 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue of hislher
position Or employment.
ARTICLE 15. Fundinlr Participation Requirement
PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in
securing other funding unless directed or approved by RECENING AGENCY.
ARTICLE 16. Allowable Costs and Andit Reqnirements
e
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles are
eligible for reimbursement urlder this contract. Applicable cost principles, audit requirements, and administrative
requirements are as follows:
Applicable Cost Principles'
OMB Circular A-S7, State,
Local and Tribal Governments
Audit Reqnirements.
Administrative Requirements.
OMB Circular A-l33 and UGMS
UGMS
The OMB circulars cited above shall be applied with the modifications prescribed by UGMS.
PERFORMING AGENCY or the AUTIIORIZED CONTRACTING ENTTIY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Circular A- 133 andlor UGMS, Part IV, "State ofTexas Single
Audit Circular." The audit shall be of PERFORMING AGENCY'S or the AUTIIORIZED CONTRACTING
ENlITY's fiscal year, The audit shall be conducted by an independent certified public accountant and in accordance
with applicable OMB Circulars, Government Auditing Standards, and UGMS. PERFORMING AGENCY shall
procure audit services in compliance with state procurement procedures, as well as with the provisions ofUGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required.
Within thirty (30) days of receipt of the audit reports required by this section, PERFORMING AGENCY!
AUI1IORIZED CONTRACTING ENTITY shall submit a copy to Health and Human Services Commission
(HHSC), OIG Single Audit at the following address;
e
Health and Human Services Commission
Attention: Single Audit OIG
Mailcode H-954
I I 00 West 47th Street
Austin, Texas 78756-3199
ARTICLE 17. Terms and Conditions of Pavment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not
exceed the total of each Attachment(s). PERFORMING AGENCY is entitled to payment only if the service, work:,
andlorproduct has been authorized and satisfactorily performed. If those conditions are met, RECEIVING AGENCY
will make payment in accordance wiili the Texas prompt payment law (Texas Government Code, Chapter 2251),
rWS)
GENERAL PROVISIONS 6/2004
Page 10
e
268
e
e
e
PERFORMJNG AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas Government
Code, Chapter 2251, SubchapterD.
PERFORMJNG AGENCY shall have incUlTed a cost within the applicable Attachment term to be eligible for
reimbursement under this contract and prior to claiming reimbursement. PERFORMING AGENCY shall submit
requests for reimbursement on a State of Texas Purchase Voucher (TDH Fonn B-13)or any other form designated by
RECENING AGENCY monthly within thirty (30) days following the end of the month covered by the bIll.
PERFORMJNG AGENCY shall submit a reimbursement request as a final close-out bill not later than ninety (90)
days following the end of the applicable Attachment tenn(s) for goods received and services rendered during the
Attachment term. Reimbursement requests received in RECEIVING AGENCY'S offices more than ninety (90) days
following the end of the applicable Attachment tenn will not be paid. If necessary to meet this deadline.
PERFORMJNG AGENCY may submit reimbursement request by facsimile transmission. Consideration of requests
for an exception will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic
event, natural disaster, or criminal activity that substantially interferes with normal business operations, or causes
damage or destruction of the place of business and/or records. A written statement describing the extenuating
circumstance and the last request for reimbursement must be submitted forreview and approval to the RECEIVING
AGENCY Program sponsoring the Attachment.
PERFORMJNG AGENCY shall disburse program income, rebates, reftmds, contract settlements, audit recoveries,
and interest eamed on such ftmds before requesting cash payments including advance payments from RECEIVING
AGENCY.
Funding from this contract may not be used to supplant [i.e., use in place of ftmds dedicated, appropriated or
expended for activities ftmded through the Attachment(s)] state or local ftmds, but PERFORMING AGENCY shall
use the ftmds from this contract to increase state or local ftmds currently available for a particular activity.
PERFORMING AGENCY shall make a good faith effort to maintain its current level of support. PERFORMING
AGENCY may be required to submit documentation substantiating that a reduction in local ftmding, if any, resulted
for reasons other than receipt or expected receipt of funding under the Attachment(s).
RECENING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and
reimbursable, If RECEIVING AGENCY has paid ftmds to PERFORMING AGENCY for unallowable or ineligible
costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within thirty (30) days of written
notice.
RECENING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the daters) due.
RECENING AGENCY may take repayment from funds available under any Attachment, active or expired, in
amounts necessary to fulfill PERFORMING AGENCY repayment obligations.
ARTICLE 18. Advance Pavments
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY shall make the request On a State of Texas Purchase Voucher,
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'S
Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable
Attachment period or at a later time in the applicable Attachment period if circWIlStances so warrant. Approval of the
request for advance will be at the discretion ofRECENING AGENCY. If the request is approved, the voucher will
be processed; if disapproved, RECEIVING AGENCY will provide written notification to PERFORMING AGENCY.
(LGS)
GENERAL PROVISIONS 6/2004
Page II
269
RECEIVING AGENCY will detennine the amount of the advance, if any, by the amount and term ofthe applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment
divided by the nwnber of months covered by the Attachment multiplied by two (2). Advance funds shall be expended
during the applicable Attachment term; any unexpended funds must be refunded to RECEIVING AGENCY.
If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may
adjust the amount of allowable advance in accordance with the above fonnula, If PERFORMING AGENCY is
requesting an upward adjustment, PERFORMING AGENCY shall submit a written justification and State ofTexas
Purchase Voucher in the amount necessary to correct the ratio, If the adjustment is downward, RECENING
AGENCY wiII detennine the amount of adjustment to the advance and the method of repayment.
e
ARTICLE 19. Prol!I'am Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a
schedule offees for personal health services in accordance with the provisions of Health and Safety Code S 12,03 I;
the Texas Board of Health roles covering Fees for Clinical Health Services, 25 TAC S 1.91; and other applicable laws.
No patient may be denied a service due to inability to pay,
AIl revenues directly generated by an Attachment( s) supported activity or earned only as a result of the Attachment(s)
during the tenn of the Attachment(s) are considered program income. Program income will be used by
PERFORMING AGENCY to further the program objectives of the state/federal statute under which the
Attaclunent(s) was/were made, and it shall be spent on the sarne project in which it was generated. PERFORMING
AGENCY shall identify and report this income utilizing the fonns and time frames specified in the Reports Article of
these provisions or the Special Provisions of the Attaclunent.
PERFORMING AGENCY shall utilize one of the following methods for applying program income:
A. Additive method - add the program income to the funds already committed to the project by both
parties.
B. Deductive method - deduct the program income from the total allowable costs to determine the net
allowable costs.
PERFORMING AGENCY shaII expend program income during the Attachment term in which it is earned, and may
not carry forward to the succeeding term. Program income not expended in the term in which it is earned shaII be
refunded to RECEIVING AGENCY.
e
RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency in
identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the
applicable Attachment(s),
ARTICLE 20. Overtime ComDensalion
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) to pay the premium portion
of overtime. PERFORMING AGENCY shaII be responsible for any obligations of premium overtime pay due
employees. Premium overtime pay is defmed as any compensation paid to an individual in addition to the normal rate
of pay for hours worked in excess of nonnal working hours.
(LGS)
GENERAL PROVISIONS 6/2004
Page 12
e
, 270
e
e
e
ARTICLE 21. Equinment and SunDlies
In accordance with Health and Safety Code, S 12,053, title to all equipment and supplies purchased from funds from
this contract shall be in the name ofpERFORMING AGENCY throughout the Attachment(s) term(s) Or until the
Attachment is terminated,
Equipment is defined as tangible nonexpendable personal property with an acquisition cost of more than $5,000 and a
useful life of more than one year. with the following exceptions: fax machines, stereo systems, cameras, video
recorder/players, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances, and
incubators. If the unit cost of these exception items is more than $500, they will be considered equipment, shall be
approved for purchase by RECEIVING AGENCY, and are considered capital assets for inventory purposes. The
acquisition cost is the net invoice unit price of an item of equipment, including the cost of any necessary
modifications, attachments, accessories or auxiliary apparatus necessary to make the property usable for the purpose
for which it was acquired. Supplies are defined as consumable items necessary to cany out the Attachment including
medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of
tangible personal property other than those defined as equipment above.
All items of equipment purchased with Attachment funds shall be itemized.in the budget. Any changes to the
equipment list contained in the budget shall be approved in writing by RECEIVING AGENCY. PERFORMING
AGENCY shall submit a written description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, RECEIVING AGENCY will notify PERFORMING
AGENCY by means of a written amendment or Attachment Change Notice.
PERFORMING AGENCY shall maintain a nonexpendable personal property (equipment) inventory and submit an
annual cumulative report (TDH Form GC-ll) to RECEIVING AGENCY no later than October 15th of each year.
PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this
contract so as to assure their full availability and usefulness. Tn the event PERFORMING AGENCY is indenmified,
reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this
contract, it shall use the proceeds to repair or replace said assets. If any item of equipment is no longer needed to
perform services under the Attachment( s) or becomes inoperable, PERFORMING AGENCY shall request disposition
inStructions in writing from RECEIVING AGENCY.
Upon termination or expiration of applicable Attachment( s) that are not renewed, title to any remaining equipment
and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to
any other party designated by RECEIVlNG AGENCY. RECEIVING AGENCY may, at its option and to the extent
allowed by law, transfer the reversionary interest to such property to PERFORMING AGENCY.
ARTICLE 22. Contracts with Snbrecinients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of an
Attachment, whichever is greater, PERFORMING AGENCY shall obtain written approval from RECEIVING
AGENCY.
Contracts with subrecipients shall be in writing and include the following:
. Name and address of all parties;
. A detailed description of the services to be provided;
. Measurable method and rate of payment and total amount of the contract;
. Clearly defined and executable termination clause;
(IGS)
GENERAL PROVISIONS 6/2004
Page 13
271
. Beginning and ending dates which coincide with the dates of the applicable contract Attachment( s) or Cover a
telm within the beginning and ending dates of the applicable contract Attachment(s);
. Records retention requirements consistent with UGMS;
. Access to inspect the work and the premises on which any of the work is performed, in accordance with the
Inspections Article contained in this contract;
. All clauses required by state/federal statutes, executive orders, and their implementing regulations; and
. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sources, Uniform Grant Management Standards issued by the Governor's Office, applicable Office of
Management and Budget Circulars, and applicable Code of Federal Regulations,
PERFORMING AGENCY agrees that all contracts with other subrecipients containing a categorical budget shan
include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
e
PERFORMING AGENCY is responsible to RECENlNG AGENCY for the performance of any subrecipient.
PERFORMING AGENCY shall monitor both [mancial and programmatic performance and maintain pertinent
records that shall be available for inspection by RECENlNG AGENCY.
PERFORMING AGENCY shall ensure that:
. Subrecipients are fully aware of the requirements imposed upon them by state/federal statutes and regulations
including prompt payment of any subcontractors pursuant to Texas Government Code, Chapter 2251,
Subchapter D;
. Subrecipients comply with all financial management requirements as defined by RECENlNG AGENCY.
UGMS and the applicable OMB circulars;
. Subrecipients complete required audits;
. An adequate tracking system is maintained to ensure timely receipt of any subrecipient's required audit
reports and the resolution of any findings and questioned costs cited by these reports; and, that
. RECENlNG AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation of
contract funds by subrecipients,
ARTICLE 23. Contracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement of goods and services unless restricted or
otherwise prohibited in specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to
RECENlNG AGENCY for the performance of any subcontracted activity.
e
Contracts for procurement of goods and services shall be in writing and contain the following provisions:
. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as may be appropriate (contracts other than small purchases).
. Remedies for prompt payment of any subcontractor pursuant to Texas Government Code, Chapter 2251,
Subchapter D.
. Tennmation for cause and for convenience by PERFORMING AGENCY including the manner by which it
will be effected and the basis for settlement (all contracts in excess of$IO,OOO).
. Compliance with the Copeland "Anti-Kickback" Act (18 USC ~874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (all contracts and subgrants for cons1ruction or repair),
. Compliance with ~~I03 and 107 of the Contract Work Hours and Safety Standards Act (40 USC
~~ 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (construction
(LGS)
GENERAL PROVISIONS 6/2004
Page 14
e
272
e
e
e
.
contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers).
Notice ofRECENING AGENCY requirements and regulations pertaining to reporting.
Notice of RECENING AGENCY requirements and regulations pertaining to trademarks, service marks,
copyrights, and patent rights with respect to any discovery or invention which arises or is developed m the
course of or under such contract.
RECENING AGENCY requirements and regulations pertaining to copyrights and rights in data.
Access by RECENING AGENCY, the federal grantor agency, the Comptroller General of the UIrile<! States,
the State of Texas or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the pllIpOse of making audit,
examination, excerpts, and transcriptions.
Retention of all required records for the required retention period after RECEIVING AGENCY makes final
payments and all other pending matters are closed.
Compliance with all applicable standards, orders, orrequirements issued under ~306 of the Clean Air Act
(42 USC ~ 7401), ~ 508 of the Clean Water Act (33 USC ~ 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part IS) (contracts, subcontracts, and subgrants of
amounts in excess of$IOO,OOO),
Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued in
compliance with the Energy Policy and Conservation Act (p. 1. 94-163), 42 USC ~~620I, el seq" as
amended.
.
.
.
.
.
.
ARTICLE 24. Reoorts
Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
For each Attachment, PERFORMING AGENCY shall submit a Financial Status Report, State ofTexas Supplemental
Form 269A (IDH Form GC-4a) within thirty (30) days following the end of each of the first three (3) quarters.
PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269A (IDH
FOrm GC-4a), not later than ninety (90) days following the end of the Attachment tenn(s). PERFORMING
AGENCY shall submit a State of Texas Purchase Voucher (IDH FOrm B-I3), or any other form designated by
RECENING AGENCY, with the final financial report if all costs have not been recovered, or PERFORMING
AGENCY shall refund excess monies if costs incurred were less than funds received.
PERFORMING AGENCY shall submit program and progress reports required by RECEIVING AGENCY in the
format agreed to by the p;rrties. PERFORMING AGENCY shaIl provide RECEIVING AGENCY and/or HHSC
other reports including fmancial reports detennined necessary to accomplish the objectives of this contract and to
monitor compliance. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall
immediately notifY RECEIVING AGENCY and/or HHSC.
ARTICLE 25. Insoections
RECEIVING AGENCY, Health and Human Services COmmission (HHSC), and, when federal funds are involved,
any authorized representative(s) of the federal government have the right, at all reasonable times, to inspect or
otherwise evaluate the work (including reviews of client Or patient records and discussions with staff) performed by
PERFORMING AGENCY and its sUbrecipient(s), if any, and the premises on which the work is being performed.
PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access,
facilities, and assistance to the representatives. All inspections and evaluations will be conducted in such arnanner as
will not unduly interfere with the work.
(LGS)
GENERAL PROVISIONS 6/2004
Page /5
273
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, HHSC, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, docwnents, papers, and client or patient records, if any, for the purpose of making audit, examination,
exce1pts, and transcripts of transactions related to this contract. RECEIVING AGENCY will have the right to audit
billings both before and after payment. Payments will not foreclose the right of RECEIVING AGENCY to recover
excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY and/or HHSC upon examination of PERFORMlNG
AGENCY'S records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S
resolution of findings will be conveyed in writing within thirty (30) days of receipt of the report of the deficiencies,
PERFORMING AGENCY'S resolution offindings will be sent to the agency(ies) referenced in the cover letter of the
report, A RECEIVING AGENCY and/or HHSC determination of either an inadequate or inappropriate resolution of
the findings may result in sanctions which will remain in effect until RECEIVING AGENCY and HHSC detennines
the deficiencies are properly remedied,
e
ARTICLE 26. Records Retention
PERFORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance with
22 Texas Administrative Code (T AC), Part 9, ~ I 65 ,1 (b)( c) or other applicable statutes and regulations governing
medical infonnation, PERFORMING AGENCY shall retain and preserve all other records, including [mancial
records, which are generated or collected by PERFORMING AGENCY or its subrecipients or subcontractors under
the provisions of this contract, for a period of four (4) years after the termination of the Attachment(s), If an
Attachment is funded through Medicaid, the federal retention period, if more than four (4) years shall apply.
PERFORMING AGENCY and its subrecipients shall retain all records for an Attachment that is the subject of
litigation or an audit until the litigation is ended or all questions pertaining to the audit are resolved.
Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein.
ARTICLE 27. ConfidentiaHtv of Protected Health Information
PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and
confidentiality of patient and client records that contain protected health information, or other infonnation made
confidential by Jaw,
PERFORMING AGENCY is required to disclose protected health infonnation of patients or clients provided
services funded through this contract to RECEIVING AGENCY upon request, or as otherwise required in other
contract provisions.
e
RECEIVING AGENCY is authorized to request, collect and receive protected health infonnation under this
contract, without the consent of the individual to whom the protected health infonnation relates, for funding,
payment and administration of the grant program,
RECEIVING AGENCY is also authorized to request, collect and receive protected health infonnation under this
contract, without the consent of the individual to whom the protected health infonnation relates, under exceptions
to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and
Accountability Act (HIP AA) and the Privacy Standards adopted to implement IllP AA at 45 CFR Parts 160 and
164, at ~164.5I2, and Occupations Code, Chapter 159, at ~SI59.003 and 159,004,
PERFORMING AGENCY must maintain patient and client records in compliance with state laws relating to the
security and retention of medical or patient records, RECEIVING AGENCY may require PERFORMING
AGENCY to transfer original or copies of patient and client records to another entity, without the consent or
(LGS)
GENERAL PROVISIONS 6/2004
Page l6
e
274
e
e
e
authorization of the patient or client, Upon termination of this contract, or if the care and treatment of the
individual patient or client is transferred to another entity.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S policies based on the model HIV/AIDS (human innnunodeficiency virus/acquired immunodeficiency
syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning ffiV
and its related conditions, including AIDS, in accordance with the Health and Safety Code ~ 85.112-114.
ARTICLE 28. Sanctions
RECENING AGENCY may impose sanctions for any breach of this contract and will monitor PERFORM1NG
AGENCY for both programmatic and financial compliance. HHSC may impose or recommend imposition of
sanctions to RECENING AGENCY for any breach of this contract and will monitor PERFORMING AGENCY for
financial compliance. RECENING AGENCY may, at its own discretion, impose one or more sanctions for each
item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, rule,
regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or
guideline can be read together with the provision(s) of this Article to give effect to both.
RECENING AGENCY may:
A. Terminate all or a part of this contract. See the Termination Article in these provisions.
B. Suspend all or part of this contract. Suspension is, depending on the context, either (1) the temporary
withdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to tenninate or amend the contract,
or (2) an action taken by a suspending official in accordance with agency regulations implementing
Executive Order 12549 to immediately exclude a person from participating in contract transactions for a
period, pending completion of an investigation and such legal or debannent proceedings as may ensue.
PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY during
a suspension are not allowable unless expressly authorized by the notice of suspension;
C. Disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D, Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances orreimbursements to PERFORMING AGENCY or its subrecipient(s) for proper
charges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or
indebtedness to the United States or to the State of Texas;
E, Pennanently withhold cash payments. Permanent withholding of cash payment means that RECEIVING
AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable,
undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract
provisions; or c) indebtedness to the United States or to the State of Texas;
F, Deny contract renewal or future contract awards to a PERFORMING AGENCY;
G, Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are
pending resolution;
(LGS)
GENERAL PROVISIONS 6/2004
Page 17
27.5
H. Place PERFORMING AGENCY on probation, Probation means that PERFORMING AGENCY will be
placed on accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY;
I. Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely
be accomplished;
1. Require PERFORMING AGENCY to obtain technical or managerial assistance;
K. Disallow requests for reimbursement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
e
L. Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY;
M. Require additional, more detailed, [mancial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N, Demand repayment from PERFORMING AGENCY;
O. Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend
funds appropriately and at a rate which will make full use of the award, or to provide services as setout in
the Attachrnent(s); and,
P. Impose other remedies provided by law.
RECEIVING AGENCY will formally notify PERFORMING AGENCY in Miting when a sanction is imposed (with
the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the
reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time
allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions
imposed. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a Mitten
response to RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice
and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating in writing that the
findings on which the sanctions are based are either invalid or do not warrant the sanction(s), If RECEIVING
AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review
Article), RECEIVING AGENCY'S decision is [mal and PERFORMING AGENCY shall take corrective action,
e
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of this contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contract execution by delivering Mitten notice to PERFORMING AGENCY, by any verifiable method, stating the
reason for the emergency action.
An "emergency" is defined as the following:
. PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or
client health or safety, The direct adverse impact may be programmatic or financial, impacting health or safety by
failing to provide services, providing inadequate services, providing unnecessary services, or utilizing resources
so that the public or clients do not receive the benefits contemplated by the scope of work or performance
measures;
. PERFORMING AGENCY fails to achieve a performance measure;
(LGS)
GENERAL PROVISIONS 6/2004
Page 18
e
276
e
e
e
. PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in
accordance with applicable federal or state laws and regulations or the provisions of this contract; or
. PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency wiIl be detennined by RECEIVING
AGENCY on a case-by-case basis and will be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 29. Sanction Review
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of aU Or
part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, reduction of
contract funding or other contract amendment resulting from noncompliance, and denial of contract renewal or future
contract awards.
PERFORMING AGENCY shall make the request for review in writing to RECEIVING AGENCY within fifteen (IS)
days from the date of notification by providing written notice of the dispute to the person who signed the notification.
PERFORMING AGENCY'S notice shall contain the following: (I) a copy of the letter from RECEIVING AGENCY
notitying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the basis for the
dispute; (3) the grounds upon which PERFORMING AGENCY bases the complain~ (4) an identification of the issue
or issues to be resolved; (5) a precise statement of the relevant facts; (6) any documentation in support of
PERFORMING AGENCY'S position; and (7) a statement and authorities in support ofPERFORMlNG AGENCY'S
position.
Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following
documents: (I) signature on delivery card; (2) confinnation of a facsimile to the correct telephone number; or (3)
signed acknowledgment of delivery.
RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the issues
in dispute. If the dispute is resolved, any resolution wiIl be in writing and wiIl be signed by all parties. lfthe dispute
is not resolved, RECEIVING AGENCY'S representative will notifY PERFORMING AGENCY in writing.
RECEIVING AGENCY will appoint a reviewer(s), who wilJ review the information, who may permit or require
additional information and who may grant, deny, or modifY all relief requested in the written notice of dispute. The
reviewer( s)' S decision wiIl be in writing and wi\[ contain a discussion of the reason for the decision and the remedial
action, if any. The reviewer( s) wi\[ send copies of the decision to all parties by any verifiable means. The decision of
the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of further proceedings.
A state statute or rule or a federal statute, regulation or guideline wi\[ prevail Over the provisions of this Article unless
the statute, rule, regulation or guideline Can be read together with the provision or provisions of this Article to give
effect to both.
ARTICLE 30. Breach of Contract Claim
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
ARTICLE 31. TerIllination
Each Attachment shall tenninate upon its expiration date unless extended by written amendment in accordance with
the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract may be tenninated
with or without cause as set out below.
(iGS)
GENERAL PROVISIONS 6/2004
Page 19
2.77'
A. Termination is the permanent withdrawal of PERFORMING AGENCY'S authority to obligate previously
awarded funds before that authority would otherwise expire or the voluntaty relinquishment by
PERFORMING AGENCY of the authority to obligate previously awarded funds. PERFORMING
AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after termination of an
award are not allowable unless expressly authorized by the notice oftennination. Tennination does not
include: (1) withdrawal offunds awarded on the basis of the PERFORMING AGENCY'S underestimate
of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as ofthe expiration
of an Attachment; (3) refusal to extend an Attachment or award additional funds, to make a competing or
noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon
detennination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception,
B, Termination without cause,
e
(I) Either party may tenninate this contract with at least ninety (90) days prior written
notice to the other party.
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least thirty (30) days prior written notice to the other
party in the event state and/or federal funding for this contract is terminated, limited, suspended,
withdrawn, or discontinued,
(4) RECEIVING AGENCY maytenninate this contract when, in the sole determination of RECEIVING
AGENCY, termination is in the best interest of the State of Texas.
c. Termination for cause,
(1) Either party may terminate for material breach of this contract with at least thirty (30) days written
notice to the other party.
(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or for
any other conduct that jeopardizes the contract objectives, by giving at least thirty (30) days written
notice to PERFORMING AGENCY. Such conduct may include one or more of the following:
(f)
(g)
(LGS)
(a)
A court of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the performance of this contract;
PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
RECEIVING AGENCY detennines that PERFORMING AGENCY is without the
personnel or resources to perfonn under this contract;
RECEIVING AGENCY detennines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
PERFORMING AGENCY'S management system does not meet the UGMS management
standards; or
PERFORMING AGENCY appears to be fmancially unstable. Indicators of financial
instability may include one or more of the following:
e
(b)
(c)
(d)
(e)
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
GENERAL PROVISIONS 6/2004
Page 20
e
, 27~
e
e
e
(iii)
PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
If judgment for the payment of money in excess of$50,000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY. and PERFORMING AGENCY does not (a) discharge
the judgment or (b) provide for its discharge in accordance with its tenus, or (c)
procure a stay of execution within thirty (30) days from the date of entry thereof,
and within the thirty (30)-day period or a longer period during which execution of
the judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore as
may be required under generally accepted accounting principles.
(iv)
D.
Emergency termination. In emergency CirclUnStances, RECEIVING AGENCY may terminate this contract
immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined
in the Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of
its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will
attempt to resolve any issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged
from any further obligation created under the applicable terms of this contract except for the equitable settlement of
the respective accrued interests or obligations incurred prior to termination. Tennination does not, however,
constitute a waiver of any remedies for breach of this contract. In addition, the obligations of PERFORMING
AGENCY to retain records and maintain confidentiality of infonnation shall survive this contract.
ARTICLE 32. Void Contract
RECEIVING AGENCY may hold this contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 33, Severability
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 34. Local Health Department Personnel
All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING
AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY shall have in place legally sufficient due process hearing procedures for all of its
employees filling state-budgeted positions,
PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state-budgeted employees shall be in accordance with
the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and are subject to certain duties,
obligations, and restrictions as state employees as contained in state law, One such restriction, as contained in the
State Appropriations Act. is that no employee paid on a state-budgeted position may receive a sal"'Y supplement from
any source unless specifically authorized in the Appropriations Act or other state law, This prohibition includes the
(LGS)
GENERAL PROVISIONS 6/2004
Page 21
, ~79
payment to such employee of a so-called "flat rate" car allowance or travel allowance, Any travel or per diem
allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not
exceed the reimbursement for mileage andlorper diem allowed under the Appropriations Act and current state travel
regulations. This restriction shall apply whether travel funds are provided in Attachment(s) under this contract or
from any other source.
PERFORMING AGENCY shall utilize RECENING AGENCY'S policies and procedures for hiring and promoting
individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
e
PERFORMING AGENCY shall maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions.
An independent audit is not required as a condition of this contract if the contract Attachment provides assistance
through assignment of state-budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill
the scope of work of applicable Attachment( s) in lieu of being furnished state payroll warrants after a state- budgeted
position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all
benefits, obligations, andlor other entitlements are met. PERFORMING AGENCY'S Director, or other person(s)
authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit
formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the request is
granted.
ARTICLE 35. Survival of Tenns
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such
termination or expiration.
ARTICLE 36. Construction of Ambilmities
e
The parties expressly agree that they have each independently read and understood this contract. Any ambiguities in
this contract shall not be construed against the drafters.
ARTICLE 37. No Waiver of Sovereilm Immunitv
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY
INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIEs FROM SUIT OR FROM LIABILITY
THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.
ARTICLE 38. Certification
The goveming body of each party has authorized this contract. RECENING AGENCY is paying for the
performance of governmental functions and services from current revenues available to RECEIVING AGENCY. The
payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed
under this contract.
(LGS)
GENERAL PROVISIONS 6/2004
Page 22
e
280
PARnCI~AJi IN FEMA PUBLIC ASSISTA~~E F~~N~c;~LE ~URRICANE KATRINA
EVACUEES (THIS ITEM IS HEARD AS AN ER EMF R THE PUBLIC
HEALTH AND WELFARE):
A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to participate in
FEMA Public Assistance for eligible Hurricane Katrina Evacuees, Commissioners Galvan,
Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor,
e
Court was adjourned at 10:15 am
e
e
281